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 Josh,
thanks for your great website and articles.
I received 221g on the E3 visa interview several months ago and still waiting for the Administrative Processing to be cleared.
As this took longer than expected , my employer has recently cancelled my offer.
Now I’m about to get a new job offer for the similar role (same SOC code) with a new LCA.
My questions is:
Do I have to attend a new E3 visa interview , or I can send this new LCA to the US consulate, so they keep processing my updated case.
Thanks
James, have you spoken to a lawyer about the 221(g)? It sounds like you’ve not actually been successfully interviewed for a visa before but I would speak to an attorney before you go again.
Hi Josh,
Hops all is great with you!
Do you know if you can hold both an E3 and E2 visa at the same time? The aim is to be employed in my current role but also start a business on the side.
Thanks,
Mark
Hi Mark, no, you can’t enter on two visas at once. You can have both but each time you enter you need to select which status you will enter on. Unfortunately what you’re suggesting is not possible.
Can I volunteer with a community group (unpaid, no compensation) while working in the US on E3 for my main employer?
Yes, so long as there shouldn’t reasonably be expectation of payment, you are allowed to volunteer. This means that you can’t volunteer for a job that “should” be paid, but a proper volunteer task is fine.
Hello Josh,
I have attended an interview for E3 visa on May 2nd, 2023 at the US Consulate Perth along with my family.
Interview went pretty well but the consular couldn’t locate the company address on the google maps, tried few times but didn’t find it.
I have told him that company has relocated into brand new office in a brand new suburb that’s reason it’s not showing on the google maps, but he didn’t convince.
Then he gave me a white slip (221(g) administrative process) and said to me they will email me if they need our passports.
Next day my US Employer has received an email asking about the company physical location and job duties etc, Employer replied on the same day.
It’s been almost 3 months since i had an interview, didn’t hear anything back.
Do you know how long i have to wait?
Thank you so much.
Hi Ravi,
Wow! I wouldn’t have thought it should take that long! Have you spoken to an immigration attorney?
Hi Josh,
What if you already have an LLC that you don’t take an income from prior to getting an E3?
I would recommend speaking to an attorney – you need to be very careful about the appearance of work.
Josh,
Can I derive income from an Australian business?
Is there a way to keep this business and enter the U.S. on an E3 visa that’s a separate company from the Australian one?
Thanks
Hi Josh,
I have another variation for this thread. I’m an Australian and run my own business. I’m currently setting up an entity in the US (I’m doing it all remotely). If I employ myself via by US entity, can I use the E3 Visa program to then be able to move over?
Your help is massively appreciated!
Thanks,
Rog
I do some photography on weekend and wanted to see if I can upload it to Shutterstock to earn some money from them – Most of those photos are taken during my vacations and from Australia (7-8 years old)
I was thinking of trying to sell photos I’ve taken over the years on Etsy. Could I do it as passive do you think?
I think that’s starting to sound very much like photography work, unfortunately, Fred!
I think you’re right. Thank you Josh. I thought of one more – What if I were to get an E3-S (I think it’s an E3-S?) where I’m attached to my wife’s E3 visa and get the right to work automatically?
Hi ,
Can one work on multiple locations under E3? with the same employer
I work in consulting and am required to travel – not as frequently. This involves working at different locations.
Thanks,
N
Yes, you can have your LCA list multiple addresses if you need!