How to Start a Company in the USA With an E-3 Visa

Establishing a business in the USA can be a complex endeavor, complicated by factors that may be out of your control. One such challenge lies in securing the appropriate visa – there are various options available depending on your situation; one popular visa being E-3 Visas for Australian Nationals.

E-3 Visas are work visas specifically intended for professionals in specialized occupations who hold at least a bachelor’s degree or equivalent and significant experience in their field of expertise. E-3s can usually be obtained through U.S. employers; however, applicants can also submit applications directly at an United States Consulate abroad in order to avoid many of the internal USCIS filing processes typically required with other types of visa classifications.

Starting the process for an E-3 visa begins with your prospective employer filing a Labor Condition Application (LCA), certified by the Department of Labor to show that you will be paid at least the prevailing wage for your occupation in the location where you intend to work. Filing an LCA must occur prior to submitting Form I-129 petition with USCIS for approval.

Once your LCA is approved, you can apply for the E-3 visa at a U.S. Consulate abroad. Typically this process is faster than filing with USCIS because there will be no delays and you could even qualify for premium processing!

James was an experienced front-end web developer and user interface designer who desired to relocate to the USA to start his own company. To do so, he spent money setting up a Delaware LLC with an FEIN number, going through LCA registration process, booking an interview appointment with Consulate then flying from Sydney for his interview – unfortunately his visa application was denied by government due to not meeting visa requirements.

In order to sponsor yourself for an E-3 visa, it’s necessary to find an employer in the US willing to file a petition on your behalf. One method would be for you to create your own company and hire yourself as an employee – something the USCIS has strict laws against doing. Doing this yourself may not be impossible; however it requires careful planning and meticulous preparation – contact an experienced immigration attorney about how we can assist.