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I know that Australian citizens can use the E3 visa for working in the US. Do you know if Australian citizens can start companies in the US using the E3 visa? Is it something like, you work for the company you founded? What happens if the company fails, or runs out of money?

EDIT: Updated question.




You may find these resources useful:

http://eliasbizannes.com/blog/2012/07/how-to-become-a-full-t...

https://geoffmcqueen.com/2011/09/28/e-3-visa-for-australians...

Essentially, you elect a board that hires (and, importantly, can fire) you.


1) Here's a good blog post on exactly your situation: http://www.jamesmorrell.com/blog/e3-visa-self-sponsorship

2) The E-3 visa application requires filing you file a Labor Condition Application (LCA) attesting that you will be paid at least the prevailing wage for the job title -- i.e. you must be making at least as much as other Americans make doing the same job.


The same rules apply to the E3 that apply to the H1B, that is, one can't self-petition so it can be a problem if one founds and owns a controlling interest in a company. But Consulates as opposed to USCIS are much more receptive to visa applications by founders/owners (but again the founder/owner can't control the company). I'd be happy to speak with you about this.


You may run into issues if the petitioner is the same as the beneficiary.




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