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!
I know this is an older article but it is a live question for me.
I’m about to move to work full time on an E3 visa as a professor at an American university.
But I am also employed by an Australian charity (and have been for years), mainly to write and podcast, which the US university is fine about. Are you saying I CANNOT receive declared income from the Aussie charity while I am in the US??? That completely messes with my plans, especially my financial plans! 🙁
Thanks for any clarity.
Hi John, I would definitely speak to an immigration attorney about this particular situation. It’s tough to speak in blanket terms and if you’ve got a particular scenario it’s best to get individual advice.
Hi Josh,
I am finalising a few projects in Australia which would take two months but moving over to the US in 2 weeks. I would still be a tax resident of Australia and wouldn’t be declaring this income at tax time in the US as I won’t be a tax resident yet. Is this still an issue?
Hey Jess, the tax residency I don’t think comes into the equation (because everyone who moves is a tax resident abroad at some point) but I would seek individual legal advice just to make sure of what you technically can and cannot do.
Hi Jess
Wondering if you ever got any advice on this? I’m in a similar position, finishing some ongoing projects in Australia but moving to the US in a month.
Hi Josh,
Question relating 2x concurrent E3 visas. Can they both be full time? Both jobs working remotely.
BTW, Adelaide is beautiful. Defo miss muckin around on Glenelg beach.
Thanks.
It sure is!! So two concurrent E3 visas for full-time work will be much more difficult because you would need to show how you would perform two full-time jobs side-by-side. I’ve not heard of anyone getting that.
Hi Josh!
Thanks for your blog, it’s been super helpful.
If I purchase a home in the US while on an E3 visa would renting out a room or basement apartment in that home (on a regular basis) be an issue? Or would it be deemed passive income and okay?
Thanks!
My understanding is that renting out a place you own is no problem as it’s passive. If you make a regular business out of doing this, then it becomes active and not allowed.
hey Josh, love the blog. Has a ton of useful information.
What about stocks/crypto? Do you know if that classifies as income and whether or not it’s considered legal?
Thanks Daryl!
So if it’s passive income, it’s fine. Like if you have any investments and just buy and sell over time like a traditional investor, there is no problem with receiving that income. However if you’re a day trader actively watching markets, that is closer to work and not allowed.
Got it. thanks for the reply!
Do you know what visa or bridging visa (if marital status is soon to be changed to married; my fiance is from here.) we would need to be on in order to start an online business or LLC?
So you’d need a work visa or work authorization to do that I would think. So the green card process has a step to request that but it will take some months.
I’m unsure if the K-1 (fiance visa) includes immediate access to working rights.
Thanks for the fantastic site and information! Would you be able to have an Only Fans account (health/fitness based) set up in the UK while on an E3?
Hi Toni, thanks! No you wouldn’t be able to do that, because that’s work for income.
If you have concurrent E3s, what happens at the border? Which E3 do you enter on and get stamped?
What about airbnb – renting out a room in your apt from time to time?
My understanding would be that’s passive, so it’s ok. But if you did it regularly, and always had rotating residents, and it was setup like a stream of income, different story.
Hi, this sits in the gray area and I’m seeking clarification. Can I work part time on the E-3 and online/remote as an Australian Army reservist? Whilst I realise this may be addressed in the last part of your article, it may differ as it is considered tax-exempt work in Australia.
I argue that this could help demonstrate a link to Australia for my return.
Hi Ben, this is getting into more complicated territory for sure! I don’t know if the Army has special rules because it’s tax-exempt, and I also don’t know if it’s considered tax-exempt in the US if you are a tax resident of the US. I would definitely recommend speaking to an immigration attorney and a tax accountant to make sure you’re checking all the boxes!
Hi there, great article.
If i get a full time employment and my employer is sponsoring me for E-3 visa. And i later secure a part time job after getting my first E-3, can i process the part time job visa from the US?
Or will working 7 days be an issue? Mind you, my main job is Mon-Fri, while the part time is Sat – Sun?
Damn, but thanks… ?
What about doing things like selling on amazon, or with online sales?
Selling a random thing, fine. Selling things constantly and working on it to grow it: Job.
Is dog walking casually via an app (like rover/wag) ok? Or is it considered a job?
That’s still considered a job unfortunately because you are actively working for money.
sad I was wondering about the same thing…
How about starting an LLC on the side but not taking an income from it?
James the issue is that it flows through to your personal return. So you’d likely be making money from a business.
Hi, can you start an LLC as an E3S visa holder?
Yes!
Can you earn $ using llc with the e3s? Does require a EIN?
You can earn money on an LLC, yep! The EIN bit is up to you and your accountant (you are just like anyone else from the US)