Visa Tips

Case Study: E3 Visa and Self Employment

Posted by Immigration Bureau | Tips |
December 01, 2015

We recently helped a young Australian entrepreneur obtain an E3 Visa. Find out about his story.

Case Study: E3 Visa and Self Employment
One of our clients this year attempted the E3 visa application process by himself before he came to us looking for assistance. We're sharing his story here (with his permission) to help inform prospective E3 visa applicants of some of the "do's and dont's".
Our client - James - is a front-end web developer and user interface designer. He had successfully run his own business in Australia for 5 years prior to looking to come to the USA. After reading some information on-line on various forums, consulate website and blogs, he decided to attempt the E3 visa application process. His plan was to start a company (a Delaware LLC) in the USA, and then employ himself for an E3 visa. As far as he knew, this was all possible according to what he had read on-line. He had read stories on-line of people doing similar things successfully, so he thought he would try it.
He spent the money setting up the Delaware LLC through a registered agent, spent the time getting an FEIN and went through the LCA process, and finally spent the money booking an appointment at the consulate in Sydney, flying there from Brisbane, and attending his interview. Within 10 minutes of arriving in the interview waiting room, James was headed back to the airport with a E3 visa denial letter.
James' application was rejected because in order to obtain an employment-based visa to the USA, you must establish a valid employer-employee relationship. You cannot simply start a company and hire yourself as the sole employee. You can read more information about this concept on our blog: How to Get an E3 Visa.
In the wake of his failed visa application, James contacted us and asked us if we could help him in his situation. With an E3 visa rejection on your record, a further application is difficult as you then need to provide substantial evidence that your circumstances have changed since your original rejection. A visa rejection also makes it impossible to travel to the USA on the ESTA waiver program for a period of time.
Luckily for James, there was hope. Through his existing business connections and contacts, he got in touch with a former colleague of his that he had worked with on digital marketing projects back in Australia. His colleague was a US citizen and was about to start his own consulting business in the digital marketing space. With James' existing client base, future contracts and diverse skill-set, he was able to bring a lot to the new company. The two of them partnered, and started a new Delaware-based C Corp. Immigration Bureau then guided the new company through the application process, being careful to supply all the necessary paperwork to show how James' situation had changed. We also provide extensive documentation to prove that the new start up would be able to support James' salary in accordance with the visa  requirements.
Within only a few months of his denial, in February of 2015, James was granted his new E3 visa and moved to the U.S. He is now enjoying life in the USA and the success of a newly-formed company. He had some nice things to say about us, too:

"Even with the added complexity of my case after my E3 visa application rejection, Immigration Bureau's pricing was the best I found, and I shopped around a lot. They also had the allure of a flawless track record in E3 Visa applications; they've never lost an E3 visa case. The icing on the cake was that Mr. Yurkofsky is a super friendly person, whilst maintaining the highest level of professionalism. By the time your case is all finished you will feel that David is not only your immigration lawyer but perhaps also a friend for life."

If you're looking to apply for an E3 visa including being sponsored by a brand new company  whilst   avoiding  the pitfalls and landmines in this complex web of immigration regulations, we can guide  you through the process. Arrange a consultation with us today!

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