Hacker News Reader

Comment by cletus | Hacker News Reader

I came here to post this because most people don't know about it.

It has some key differences to the H1B however:

- It is a 2 year visa (H1B is 3 year) and renewable indefinitely (typically H1Bs allow one renewal);

- The E3 by default is a multiple-entry visa;

- Renewing the visa inside the US is a huge pain. It takes months from USCIS and it's more expensive than obtaining a new visa (which can only be done outside the US);

- You don't renew your visa, you renew your status. This means if you leave the US after the visa expires but your status has been renewed you have to get a new visa anyway;

- The H1B visa requires a labor certification for the position and "proof" that you were unable to find a domestically qualified candidate. The E3 visa only requires the labor certification so has a much lower barrier to entry.

View on HN

Technically, you can't renew an existing E3 visa. You must re-apply, and as I learned a few months ago going through the process, the subsequent visas will be E3R. Also, and E3D is apparently easy to obtain. It allows "dependents" (spouse, children) to accompany you to the US, even permitting them a small amount of part time work.

In addition, an E3 does not allow "dual intent". i.e. you may not seek permanent status in the US while holding an E3 visa. This means no Green Card applications, including the Green Card Lottery.

One other thing that may not be unique to the E3, but is worth understanding is that your tenuous presence in the US is bound to the employment quite tightly. If you quit your job, or are let go (startup winds up, etc), you must exit the US within 10 days. That's 10 days to pack up your things and leave the country.

> even permitting them a small amount of part time work.

The E3D lets a dependent of an E3 visa holder obtain an Employment Authorization Document (EAD). Once obtained, the EAD allows the dependent to work in a regular full time job - it's not restricted to a 'small amount of part time work'.

Interesting, I've read conflicting reports about dual intent - do you have any sources? I'd provide mine but it would require a lengthy google session to retrace my steps :)

http://canberra.usembassy.gov/e3visa.html http://www.theroadtosiliconvalley.com/moving/e3-visa-austral...

There is a way around it on E3 but also a high chance the consular officer will decline you. Best to get a green card on a H1B. Use E3 as a way in (for Aussies), then transfer to H1B and apply for Green Card IF you believe its worth it. Remember the US government can tax you up to 10 years after you have given your green card back should you want to go home..

obviously off-topic, but could you please clarify (and may be post some links?). Does this means, that if I now cancel my greencard and leave usa back to my home country, up to 2022 usa irs will have some rights on my income?

Correct!

http://www.taxesforexpats.com/expat-tax-advice/citizenship-s...

If you move back to say Australia there are still negative tax consequences in so far as some Australian tax strategies that are quite beneficial will have those benefits negated when the US tax system is brought into account.

This will vary from individual to individual so seek a professional tax agents advise for your situation.

Is that more of a "who cares, I'm in Australia now", or will the Aust. Tax Office support the US IRA by disallowing deductions?

Probably too late to ask, but how USA enforce this BS?

Here's one source to the counter:

"An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition."

That's straight from the horse's mouth: http://www.uscis.gov/files/pressrelease/E3PolGdnc_121505.pdf

So, you can enter the DV lottery, or apply for an employment based green card. But you still have to be able to prove you intend to return to your home country at your next E3 interview which is something you have to do anyway but I guess it would be a bit harder than if you had no GC applications.

Plus the spouse of an E3 holder is allowed to work.

Reply on news.ycombinator.com