Living in America's big cities can be expensive and making ends meet can be difficult, especially when you've first arrived from overseas! So the question commonly arises amongst Australian communities on an E3 visa: Can I do a little work on the side of my E3 visa to earn some extra income?
I can be very clear about this one:
No.
No, you cannot earn money on the side of the job that is listed on your LCA (which is the job that is now tied to your E3 visa(. USCIS and US Law are very clear about this.
As a side note, posting on social media that you're looking for side-jobs, or that you have been working a cash job, could be reason enough to expel you from the country, so be very careful!
All Facebook groups (whether “private” or “public”) are accessible by all sorts of people, so you should always think before posting.
Can I freelance on an E3 visa?
Nope. This is still income derived from the U.S. and it cannot be done.
It doesn't matter how exactly the money is coming in (whether it's from another employer or via a contract) it's still considered employment outside of your legal inclusions.
Can I be paid to be an influencer or earn money through social media on an E3 visa?
No again. This is just like freelancing, and requires you to report income. It's legally just another job, so you can't do it.
What about cash jobs on an E3 visa?
I'm always a little shocked when people openly ask me this because I don't think everyone understands what a “cash job” is… it's skirting the US tax laws and not declaring income (from both the employer and employee).
This is illegal not only because you are working outside of your E3 visa, but also because you aren't paying tax on your income (you're not even declaring it).
If this is discovered, you're in for a world of trouble!
What can I do if I want to work for multiple employers on an E3 visa? Concurrent E-3 Visas.
Many don't realize that you can actually (legally) hold an E3 visa which has multiple employers listed; it's known as a concurrent E-3 visa.
If you want to work for two employers (both part-time, for example) you can go to the interview and declare both of them and you will receive visas for both of these employers. You file two separate LCAs and the whole process is very above board.
It's possible to apply for a second E3 visa after already receiving your first, but ideally, you sort them all out at once to save confusion later. When applying for multiple E3 visas you need to be able to show that you can perform the duties of both visas simultaneously (earning enough money and doing enough hours for both employers).
Can I work for a company in Australia or overseas?
While this does enter a slightly more gray area, it's still not allowed. Yes, even if you're using an overseas bank account, and an overseas business number and your clients are all overseas.
If you've moved to the U.S. with a plan of working for a number of years (as per your visa, of course), then why risk it? If you work in another country, you still have to report that income in the U.S. with the IRS (once you've become a tax resident), so therefore you are reporting income from somewhere other than your official employer.
This could result in expulsion from the U.S., fines, or worse. Be careful, play by the rules, and always think of others when you dance in the gray!
Hi,
I’m a performing artist about to be hired by a music school in the USA. I occaisionally tour in Europe and Australia to play shows, and my employer wants me to continue doing this as it’s good for the schools brand.
The income would be from non US entities only. All travel approved by my employer.
Similarly, I have passive income from previously released work, royalties and such.
Could any of this make me ineligible for e3?
Hi Josh,
Can I apply for a concurrent e3 visa through the US and not leave the country? Or, do I need to do this at the interview stage?
Or, If I do plan to leave my current role for the next role whilst on the e3, can I apply for a change of e3 within the US and eventually once I leave the country, I will go for my interview then?
Hi Josh, really appreciate your information.
As some commenters have asked, can you expand on the implications of becoming a large shareholder in an early stage business/ startup. If you are not paid a salary, at what point can you not be an advisor, and potentially later be paid out through dividends?
I’m wary to give too many specifics as I’m not a lawyer sorry! I think this is where it would stray into getting personal advice. If you’re advising and receiving value for that, it might be getting too close but I totally understand that’s a fine line.
Hi Josh!
What about participating in market studies where you are able to earn compensation?
I’m not 100% sure. I’d say the strict reading would be no, because that has to be reported as income as well, but I could definitely be wrong.
Hey Josh, thanks for so much great info on your site. Wondering if there’s a visa that you’d recommend for self-employed/business owners? I would love to come to New York for a year or so but looks like the e3 visa isn’t the right fit. Seems like I fall through the cracks a bit..
Hi Patrick, so the E3 is certainly possible for it but will require some setup and a lawyer to structure things properly. The E2 is specifically for moving to the US with your own company/startup and employing yourself!
For a year though, is not so possible (or more to the point will be very expensive to set everything up for such a short time).
What about things like buying and leasing a property or starting a business? If concurrent E3s are an option, can you then apply for another type visa to run concurrently with your E3 to allow you to make this extra income legally (i.e. dog walking, consulting, managing airbnbs for people, starting a start up)? And if so, what visa would this be if you know? Thanks, Josh.
Hi Ally, so yes and no. Concurrent E3s are possible, but what that means if you have two employers on the one E3. You can’t hold two different types of visa at once (and you can only enter under one not the other).
You could indeed start a business (jumping through some hoops) and make THAT the concurrent E3, but you would need to pay yourself the prevailing wage etc. like any other E3.
There’s no way to earn just on the side except for this.
Hi Josh, I’ve read different things about startups. what if youre developing your own startup (legally based in australia or us) whilst on an E3 to another company? the startup doesn’t bring in income or revenue. I’d assume there’s a point you’d need to change visas and that point is when you make money?
How about passive income? For example, investing or being a significant shareholder of a business in which I am not involved in operation?
Yep not a problem. Passive income is fine, but it can’t be “passive” in the sense like you’re a day trader.