The E3 visa is a popular option for Australian professionals seeking temporary work in the United States. However, securing a job offer and the subsequent visa approval can take time. In the meantime, can you utilize a tourist visa (B-1/B-2) or ESTA to explore job opportunities in the US?
The short answer is yes, you can travel to the US on a tourist visa with the intention of seeking employment, including attending job interviews. However, it's crucial to understand the limitations and potential risks associated with this approach.
What must you remember if you're traveling to the US to look for work?
In short it's really important to remember that the ESTA is for tourism or business purposes only.
While the ESTA does allow for “business” activities, it's essential to distinguish between permissible business activities (e.g., attending conferences, networking) and actively performing work.
Job interviews are generally considered acceptable behavior as a tourist and attending job interviews while on an ESTA is usually permissible, as long as it's clear that you're not engaging in actual work during your stay. This includes any unpaid trials, or anything that even smells of employment or pre-employment. Nothing at all can commence while you are in the states.
Again, most importantly, you cannot start working on an ESTA: The ESTA or B-1/B-2 does not authorize employment. Once you secure a job offer, you must leave the US and and apply for the E3 visa at a US consulate or embassy.
What to do when you enter the US on a tourist visa looking for work
The difficult thing to navigate though is that the officer on the desk might not understand this nuance and you may have issues entering. If your plan is to enter and then look for work, it can be misconstrued as looking and then subsequently starting.
That being said, misrepresenting your intentions can be especially problematic, so be transparent about your travel purpose when applying for the ESTA and during interactions with US Customs and Border Protection (CBP) officers. Misrepresenting your intentions can lead to denial of entry or future travel complications.
Yes, this is a fine line to navigate!
A few extra things to pack on your visit to the US
- Document your ties to Australia: Having strong ties to your home country, such as a stable job or family commitments, can strengthen your case for ESTA approval and demonstrate your intention to return after your visit. You want to make sure it's clear that your entry isn't the beginning of a life abroad, it's a temporary stay.
- Prepare for potential questions: Be prepared to answer questions about your travel purpose and plans during your ESTA application and at the US border. Have evidence of where you are staying and what you're doing there.
- Seek professional advice: If you have any doubts or specific questions regarding your eligibility or intentions, it's advisable to consult with an immigration attorney. Tell them everything before you book anything and make sure you understand the nuance.
Can I go to the United States to find a job and then apply for the E-3 visa from there?
Yes, you can. In advance of applying for an E3 visa you may travel to the United States to search for a job or attend an interview. However, you cannot apply for the actual visa from within the United States. All visa applicants must appear at a U.S. Consulate or Embassy abroad to apply—so you must leave the country, apply, be approved, and then re-enter.
Can I travel to the United States on the ESTA Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?
While this is not clearly defined in USCIS's tweet above, it's my understanding that the ESTA rules are in step with the B-1/B-2 rules, so if it's allowed for the latter, it should be allowed for the former.
I got my E3 visa today and am so grateful for all the info and tips provided by America Josh! Thank you!
WOOO! Congratulations!!