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, thanks for this post and all your replies. I’m wondering where plasma donation (paid for here in the US) fits in all this?
Also, from what you’ve written it seems clear that gig economy stuff isn’t a no go, I wonder if one could get a second visa for doing Uber for example?
Also, I lived in Glenelg Adelaide for the last 11 years and I concur, it’s beautiful!
Hi Roger, so for the plasma donation, my understanding would be that’s ok but that’s a gray one I don’t really know about. As for a second visa, in theory you could, but an Uber job wouldn’t fulfill the requirements of an E3 visa (or most other visas) so it’s going to be difficult to do that!
Love Glenelg!!
Hi, just to clarify I got e3 visa on my passport from #1 and working and living in USA. Then I got a job offer from #2 and I-797 approved from #2. In I-797 from #2 did not mention anything about #1. I did not go out of US after #2 I-797 approved. So, no visa stamped on my passport with#2.
Hi,
I have a question about working multiple jobs. I am currently working full time for employer A . I got an offer from Employer B for full time and got E3 approved.since both are remote and work is not hectic can I work on both the jobs. Both full time jobs and not going to disclose to employers.
When you got the E3 approved for #2, did they cancel the first one “Without prejudice”? And does it include both employers on it?
Hi,
I am not sure whether they canceled it or not my guess is they didn’t. No only one employer information mentioned in Approved I-797 by #2
How about online store work with ABN ?
You would have to declare that income in the US as work, right?
How do these rules affect a person on an E3-D who gets work rights in the US – can they earn income from anywhere given their visa is tied to their partners E3, and not their employer?
You’re completely free to do what you want with an E-3D and EAD (or a newer E-3S status and no EAD required). You can start a business, work for anyone, do anything!
Hi John – have an offer in US for full time/part time role. I’m keen to continue with my Australian current role as consultant/part time working remotely from US. Wondering if this is allowed?
Hi Sam, its my understanding that no, you can’t do that.
Your site is great, thanks Josh! I have a current E3 visa that is expiring in March that I’d like to renew, hopefully at an international US embassy/consulate so I get a stamp rather than just an extension to my status. I am considering working casually (i.e. one day a week) for another company in conjunction with my current one. I understand that I’d need to submit 2 separate LCAs, but do I also need 2 separate DS-160 applications and pay 2 separate fees for each employer?
I believe you can take both LCAs to the same appointment!
Hi Anne, did you end up doing just the one DS-160 for your two LCAs?
Hi Josh! I am currently on an E3 working visa. However, my partner and I are married – if I transfer my visa to an E3-D, would I be able to keep my full time role and start an online business / LLC? Thanks so much!
Yes, Grace!
Hi Josh – another specific question. I get contacted via LinkedIn to partake in paid consultive conversations on my field of expertise. Is this considered passive since I am being sought out?
Very useful info – btw, I stumbled upon this:
https://www.immigrationbureau.com/visa-tips/us-immigration-rules-as-to-freelancing-vs-multiple-employers
it says, “Foreign workers in the USA on H1b, E-3, L-1, E-2, E-1 & O-1 who also have a job in their home country or any other country outside the USA —that can be done “remotely (“on line”) are free to continue that job located outside the USA whilst working in the USA on their US visa.”
do you know if this statement is valid?
i am waiting for my E3 and i am considering the possibility to work for a client back in Australia, under my partner’s company. so no income directly to me and this will allow me to use income in Australia to pay my home loan which will still continue while I am in the US.
do you think this is legal?
thanks again
cheers
I’m not as confident as they are by that statement. My understanding to date has been that’s not quite so cut and dry.