# Working in US on an Australian E-3 dependent (spouse) visa - help!!



## tully

Well here goes with my first post! First let me say I have read and researched widely including on this forum and just want to hear some general advice from people, especially those in my position.

Hubby has landed himself a great job and we move to the US at the end of the year. My question relates to Australian E-3 dependent visas and is for anyone who has had experience with the employment authorization (EAD) process. I understand it can take 3 months to process to obtain work authorization - what I can't seem to find out is how long the authorization is for. Must you renew/reapply every year (and pay $380) or does it run for the period of the visa for an E-3 dependent (eg 2 years)?

Can you apply for the EAD at the same time as you apply for your E-3 dependent visa or must you be in America and have a SSN etc?

How easy is the renewal process for E-3s once the 2 years is up? Eg, is it just a matter of leaving the country, going to a US consulate and reapplying or is there a lot more to it?

Also, I work as a consultant (self-employed) here in Oz and will probably want to do so in the US - does the EAD under the E-3 dependent visa limit you to working for an employer or can you be self-employed?

I would really appreciate some tips on this and hope I can make some contacts through this forum! Thanks in advance!


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## twostep

USCIS - Employment Authorization Document

USCIS - E-3 Certain Specialty Occupation Professionals from Australia

You can continue your consulting job AFTER your EAD has been granted.


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## tully

Thanks twostep - sounds like I need to take a break in work. 

I had consulted the USCIS site and noted that it said 'in most cases' EADs are granted for one year. I was wondering if anyone on an E-3 dependent had theirs granted for the period of the E-3 visa. Also wondered if anyone had applied at the same time as their visa. Hope someone has some more information. Cheers!


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## hutais

They are issues for 2 years however its really 21 months as you loose 3 months in the application process. I am working and for a company here now and its that 3 month wait that can be tricky. You don't have to leave the country for then EAD as its totally dependant on the E3.
Also the USCIS can not be the easiest people to deal with. My last renewal which was a bit different as my husband changed companies too 6 months.
You just need to be one step ahead I think.


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## hutais

Oh forgot to say you are free to work in any industry. I have my own business and I just started also doing some work for an AU Pair company here in the US too. Unlike the E3 we can work for whoever and don't need to keep changing our visa. On and E3 if you change employer you need to have a new E3 issued. If that happens (happen to us) you also need to apply for another EAD.


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## tully

hutais said:


> Oh forgot to say you are free to work in any industry. I have my own business and I just started also doing some work for an AU Pair company here in the US too.


Thanks hutais - your posts are super helpful - you're an Aussie lifesaver!  It looks like I will have to start my own business too to consult to my clients in Australia from my base in the US. How convoluted is that! Can you recommend any websites you found helpful to get your business started? Any tips would be appreciated. If possible and appropriate, please PM me!! Thanks again for all your help.


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## homerJay

My wife applied for WA 3 months ago and as per attorney's suggestion we filled out a premium processing form (I think we paid around 50 bucks) and she got her work authorization within 2-3 weeks. 

The only problem with the SSN is that it may take upto 2-3 weeks for the systems to get updated after you land in the US, although you can find work without a SSN but you cant apply for a driver's license 

PS: dont forget to get international driver's license from Aus


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## hutais

homerJay said:


> My wife applied for WA 3 months ago and as per attorney's suggestion we filled out a premium processing form (I think we paid around 50 bucks) and she got her work authorization within 2-3 weeks.
> 
> The only problem with the SSN is that it may take upto 2-3 weeks for the systems to get updated after you land in the US, although you can find work without a SSN but you cant apply for a driver's license
> 
> PS: dont forget to get international driver's license from Aus


Wow I didnt know you could pay $50 and have it processed faster? What state are you in?

Here in NY State you HAVE to have a NY State Licence after 3 months. You have to go through the whole process of driving tests etc. I have done it all. I know different states work differently however.

Can you tell me the form your wife used as I cannot find anything on the USCIS website. I need to do this for my next one if possible!!


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## homerJay

hutais said:


> Wow I didnt know you could pay $50 and have it processed faster? What state are you in?
> 
> Here in NY State you HAVE to have a NY State Licence after 3 months. You have to go through the whole process of driving tests etc. I have done it all. I know different states work differently however.
> 
> Can you tell me the form your wife used as I cannot find anything on the USCIS website. I need to do this for my next one if possible!!


1. I was wrong, you cant have premium processing for the Work Authorization but you can fill out form G-1145 so you get notifications via email. Sorry about the misinformation. She received her work authorization in 2-3 weeks anyway.

2. As for the Driver's license: I am in California and I was able to get a friend to mail me my international driver license from Melbourne so I wasnt in a rush else below is the process but I think one can get it quite quickly.

Get Work Auth - else you cant get SSN - took us 3 weeks max. - 3 weeks
Get SSN - took my wife less than a week to get one in mail after the interview. - 1 week
Apply for learner and you can book for the perm license the same day, I got my perm license within 7 days of getting learner permit. - 10 days including learner + perm

Overall you can be done in 5 weeks , the only problem is that sometimes one needs to wait for SSN as the systems arent updated in real time so they wait for your arrival record from the immigration. 

sorry for the confusion, I am applying for the change of employer these days and too many forms/sections/processes are in my head


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## hutais

homerJay said:


> 1. I was wrong, you cant have premium processing for the Work Authorization but you can fill out form G-1145 so you get notifications via email. Sorry about the misinformation. She received her work authorization in 2-3 weeks anyway.
> 
> 2. As for the Driver's license: I am in California and I was able to get a friend to mail me my international driver license from Melbourne so I wasnt in a rush else below is the process but I think one can get it quite quickly.
> 
> Get Work Auth - else you cant get SSN - took us 3 weeks max
> Get SSN - took my wife less than a week to get one in mail after the interview - took us 1 week
> 
> 
> 
> Apply for learner and you can book for the perm license the same day, I got my perm license within 7 days of getting learner permit.
> 
> sorry for the confusion, I am applying for the change of employer these days and too many forms/sections/processes are in my head


Ok she is super lucky and check the waiting times as they state 3 months. I also had a friend who had hers in 4 weeks however next time around it was 3 months.She started working for Google here and it became a huge issue so its something I cannot afford to risk.

Each state is different NY state does not recognize International Licences. Even Californian's have to eventually re sit a different drivers test here. You have to do a drivers Ed class so I met many out of state people all NOT impressed about doing it.


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## homerJay

hutais said:


> Ok she is super lucky and check the waiting times as they state 3 months. I also had a friend who had hers in 4 weeks however next time around it was 3 months.She started working for Google here and it became a huge issue so its something I cannot afford to risk.
> 
> Each state is different NY state does not recognize International Licences. Even Californian's have to eventually re sit a different drivers test here. You have to do a drivers Ed class so I met many out of state people all NOT impressed about doing it.


Wow a drivers Ed class for people who have been driving in other state/countries for years 


These things were much easier and quicker in Australia. Anyway, good luck


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## hutais

homerJay said:


> Wow a drivers Ed class for people who have been driving in other state/countries for years
> 
> 
> These things were much easier and quicker in Australia. Anyway, good luck


The video YES VIDEO we watched was from the 70's.I don't need to say anymore............


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## twostep

DMV gets handled on state level. Google DMV and the respective state and you will go through everything from required documentation to number of days your previous license is valid.


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## tanisha2408

Hi All,

I had some query regarding the E3D EAD.
If the primary applicant changes the employer , does the spouse needs to go through the process of getting the EAD once again?

Thanks,
Tanisha


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## tanisha2408

homerJay said:


> 1. I was wrong, you cant have premium processing for the Work Authorization but you can fill out form G-1145 so you get notifications via email. Sorry about the misinformation. She received her work authorization in 2-3 weeks anyway.
> 
> 2. As for the Driver's license: I am in California and I was able to get a friend to mail me my international driver license from Melbourne so I wasnt in a rush else below is the process but I think one can get it quite quickly.
> 
> Get Work Auth - else you cant get SSN - took us 3 weeks max. - 3 weeks
> Get SSN - took my wife less than a week to get one in mail after the interview. - 1 week
> Apply for learner and you can book for the perm license the same day, I got my perm license within 7 days of getting learner permit. - 10 days including learner + perm
> 
> Overall you can be done in 5 weeks , the only problem is that sometimes one needs to wait for SSN as the systems arent updated in real time so they wait for your arrival record from the immigration.
> 
> sorry for the confusion, I am applying for the change of employer these days and too many forms/sections/processes are in my head



Hi,

Just one quick question, if you change the employer does you spouse needs to go through the EAD process again? 

Thanks,
Tanisha


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## Bellthorpe

Normally not. Unlike the spouse's E-3D visa, which is irrevocably tied to the job-holder's E-3 visa, there are no conditions. Just an expiry date, which won't be more than two years in any case. It will need renewal at that time.


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## tanisha2408

Bellthorpe said:


> Normally not. Unlike the spouse's E-3D visa, which is irrevocably tied to the job-holder's E-3 visa, there are no conditions. Just an expiry date, which won't be more than two years in any case. It will need renewal at that time.



Thanks for the reply .
My husband has applied for EAD, so just waiting for that.


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## Bellthorpe

The spouse does however have to go through the E-3D process again ...


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## tanisha2408

Bellthorpe said:


> The spouse does however have to go through the E-3D process again ...


Ok. Thanks for the info. That seems fine.
Just had one more query, is the spouse stay in US dependent upon primary candidate.
Suppose the primary candidate goes on vacation for 2-3 months , can the spouse stay and work on E3- EAD?


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## Bellthorpe

Sure, there's no requirement that the visa holders travel together. Although one visa depends on the other, they are still separate visas from a travel point of view.


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## MayaParis

Hi my husband is on an E3 visa and I am waiting for my EAD. My question is what happened if he changes jobs. I know that he will need to redo his visa, but what about mine? Do I have to do another visa again? What about my EAD? Do I have to apply for a new one if he changes jobs? I can't find information about it so of some one has been though this and has an advise, that would be extremely helpful!


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## Bellthorpe

You would have to apply for a new visa, as all the information on your visa page in your passport would then be incorrect.


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## cuky

Hi,

I've read that E3d cannot work in specialty occupations in the US.. 

See "E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS). Spousal employment may be in a position other than a specialty occupation, and may be full time, part time or casual work." 

I have a master's degree in IT and would like to work in IT in US if we move over after my partner gets an E3, does this mean that I cannot work in the IT area? 

If so, are there any other ways to be able to work in IT in the US? 
Probably get an E3 for myself (first need to get Australian citizenship, I'm an Australian PR at the moment and my partner is an Aus citizen) or probably get a H1b while on E3d visa in US.. Has anyone done this?

As I'm a new member I'm unable to post links of references from where I found the above info. Any info is appreciated. 

Thanks!


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## Bellthorpe

As with so many things on the USCIS website, that is very badly phrased. 

Without re-parsing the sentence, I'll just give you the take-home. With an E3-D visa you can work at anything you want. Anything.


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## cuky

Bellthorpe said:


> As with so many things on the USCIS website, that is very badly phrased.
> 
> Without re-parsing the sentence, I'll just give you the take-home. With an E3-D visa you can work at anything you want. Anything.


Thanks! That's a big relief


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## Wiggis

This is my first post so I apologize if this isn't where I'm supposed to ask this question, but here goes. My situation is SO complicated.

I am from the UK and am living in the US, and I married a beautiful Australian in late August. She works in New York on an E3, I live here with her, and immediately after we were married I sent the i-539 application for the E3-D to the USCIS offices. I am now told that they are 9 months from getting to my application. As a result, I have resolved to cancel my application and go home to the UK to get it done at the Embassy in London - I have an appointment booked for Dec 23rd. So far so good. However, my wife just got offered another job in NY, it's the job of her dreams, and they want her to start ASAP. She now has to leave the country to get her E3 changed to the new job, so I guess unless she can get it all done in three weeks there is no point in me going to the appointment I have made. I'm so confused, and it's so hard to find answers. There's a job I might get who want me to start in NY in early Jan, I was hoping to get my E3-D for that by then. My questions/anxieties are these: 
1. Do I have to apply for i-765 (right to work) after I get back from the UK with the E3-D, or is that only for applying from within the country through the USCIS? The lawyer I saw for an hour said I didn't, but I'm not sure she's right.
2. Am I allowed to cancel my USCIS application and apply from outside instead?
3. There's really no point, is there, in going to the appointment if my wife hasn't got her new E3 yet?


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## Bellthorpe

What's your status in the US right now? You mentioned that you are living in the US. 

Your wife does not need to leave the US to file for a new E-3. She should ensure that the new employer has obtained an LCA, submit form I-129 for change of status, ensuring that the gap between jobs is less than 10 days.

There is no point at all in applying for an E-3D until she has her new E-3, as your E-3D would be invalidated when her old one was cancelled. 

You should be able to file your I-765 with your E-3D application. They're usually granted on the spot, with a couple of days for postage. You might well be able to be back in NY with that visa by January, but you won't be able to work. It typically takes 60-90 days to issue the EAD that you would need.


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## Wiggis

Thank you so much for your reply Bellthorpe, it's incredibly helpful, and such a relief to stop vainly scouring the internet for answers that just aren't there!

To answer your questions, I was on a Media (I) visa, which expired in september, but the lawyer I saw said that if I applied internally through the USCIS for the E3-D then it was legal for me to stay in the country while they processed the application.

I understand that, in theory, my wife can change the employer on the E3 from within the US, but in practice as it relates to me, she needs the updated visa in her passport for me to be able to show at my E3-D interview, so maybe it's simpler if she gets it signed, sealed and delivered at the embassy before I go in.

In terms of the i-765, can I just turn up to the interview with the form filled out, or do I need to let them know in advance that I'll be filing it, and if so, how? It's a shame about the EAD, I'm itching to work, but it's certainly better than waiting nearly a year. Thanks for the help.


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## Bellthorpe

Wiggis said:


> I was on a Media (I) visa, which expired in september, but the lawyer I saw said that if I applied internally through the USCIS for the E3-D then it was legal for me to stay in the country while they processed the application.


So you've applied for a change of status. Do you have an official receipt for submission? 



> I understand that, in theory, my wife can change the employer on the E3 from within the US, but in practice as it relates to me, she needs the updated visa in her passport for me to be able to show at my E3-D interview, so maybe it's simpler if she gets it signed, sealed and delivered at the embassy before I go in.


No, you don't need to show her visa - you can show a copy, along with proof of marriage, and perhaps a copy of her employment contract would be useful to have in case.

So she could stay in the country. If she does it outside, you should make an appointment for the two of you, and go for interview together. Much easier, and it will help with the question you will surely get, 'say, how long have you two been married'. Which the officer will already know. They look for marriages of convenience, and as you're newly married, and living together in the US, they might ask you to prove that you have lived together in your home country. Take any joint utility bills, whatever you can rustle up.



> In terms of the i-765, can I just turn up to the interview with the form filled out, or do I need to let them know in advance that I'll be filing it, and if so, how?


Just submit it at the same time. Read the accompanying instructions carefully, and take special care to get the 'eligibility category' correct. E-3D is not the correct answer.


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## Wiggis

Brilliant. My wife and I are going to the UK for christmas, so we should go together to an appointment at the embassy. She should bring what she needs to change employer (LCA, etc), and I should bring
1. The receipt of my change of status application, which I have
2. Our Marriage certificate
3. Proof that ours is not a marriage of convenience (lease, utility bill, etc)
4. A form i-765

One final question: at the interview in London can I arrange for the EAD to be sent to my address in NYC, or do I have to apply separately for it from within the US?


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## Bellthorpe

You should use your US address for the EAD application. But it's not as simple as waiting for it in the mail. You will be called to go for 'biometrics', i.e. fingerprints and photo. There might even be an interview, although that's rare with this visa. Then the card will arrive in the mail. If you don't yet have an SSN, you will need the EAD to apply for one.


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## Wiggis

I applied with the I-539 for a change of status in August, but it is probably going to take another 9 months to be processed. As a result I have decided to return to the UK for an appointment at the US embassy with my wife to obtain an E3 for her new job, and an E3-D for me. 

Do I need to write to cancel the i-539, or will just leaving the country be enough to void the application? I want the interview to go as seamlessly as possible.


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## Stephxy

Any idea how long the EAD for the E3D visa is now taking?

I'm in Chicago. Lodged the form for the EAD the day we got here. USCIS acknowledged receipt on 7 July - and that the forms are being processed at the Nebraska Centre. 

Its been almost a month now. The USCIS online case status has not moved beyond 'we acknowledge receipt of your case on 7 July'

Is there anything else I should be doing?


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## Bellthorpe

I wouldn't be alarmed. The typical time for an EAD is 6-8 weeks.


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## SarahCameron

Hi Tully, 

Did you find out if you could apply for the EAD before entering the USA? Eg receive your spouse visa and then apply for the EAD so there is not so much time spent in the United States without been able to work? 

Thanks, 
Sarah


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## Davis1

E-3 spouses are entitled to work in the U.S. and may apply for an Employment Authorization Document (Form I-765) through USCIS. The spouse of a qualified E nonimmigrant may, upon admission to the U.S., apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Such spousal employment may be in a position other than a specialty occupation.

you can only apply when in the US


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## sammmy4

Any advice on EAD renewal (on spouse of e3d holder visa) with circumstances that involve a recent passport renewal.

My "recent I-94" reflects my last entry except it is on my old passport detail/expiry & therefore says I'm allowed in the country with an expiry of this year (when my old passport expired). However I now have a passport that expires 2025 or so and entry on a spouse visa until 2018

I don't know if they will except my EAD renewal, or understand all the new expiries apply. Does the application get processed using solely I-94 information? 

The only two options I see are: 1. Leave usa and re-enter (expensive)...or 2. Send off forms and hope someone smart gets them (likely to be delayed)..??


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## Bellthorpe

When you say "... entry on a spouse visa until 2018" do you mean that you have entered with the new passport and this new visa? If so, your current I-94 will reflect this.


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## sammmy4

No, I have had the visa granted with an expiry of 2018 on/in my old passport. And when I entered the country they could only "allow entry" until my passport expire date (as this was sooner than visa expiry). Then since that I have renewed my passport (via Aust embassy so didn't need to leave usa). 

I have put in an email enquiry to the US customs & border office to ask how to get around it without leaving the country. But was hoping someone here had come across a similar issue.


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## Bevdeforges

Normally speaking, if you have had a visa in your old passport that runs beyond the date of the passport, you are expected to carry both passports (old and new) with you. I know the US stopped transferring visas and other documents from one passport to the next several years ago - and that's what they expect Americans to do with passport documents that overlap the validity period. Now, what you're supposed to do if your national passport authority doesn't give you back the old passport, I don't know.
Cheers,
Bev


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## sammmy4

Thanks Bev, I still have both passports and travel with the Visa in old and passport in new. My issue is with updating my I-94 now that I have 2 docs (without traveling out and then back in the USA)


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## WDDG

*Change of employer*

Hi all. My wife and I both work in NYC, she on the E3 and me on the E3D. She has just been offered a new job, and wants to take it. We would normally just go together to an embassy/consulate in another country for an interview, but my job is not keen for me to take time off. We know that if she wants to stay in the USA her new employer can file the LCA and the I-129 if the gap between jobs is no more than 10 days, but what is the process for me if I want to remain too? Thanks!


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## SamBrown

Hi,

My wife has recently been offered a job in the US. We need to apply for the E3 visa, but I've read that I can't apply for an EAD that would allow me to work until we arrive, and I understand that process can take months. Is it possible to come in on the E3 Spouse visa, and then switch to my own E3 visa when I get a job offer instead of waiting for the EAD? Appreciate this means I will need to leave the US to apply for my own E3. 

Any advice much appreciated.


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## Bellthorpe

You're assuming that you'll get a job faster than the time taken to get an EAD, which is typically about 2 months. That assumption might not be correct.

But the answer in any event is "yes". And you can do both in parallel. Put in your EAD application as soon as you arrive, and start looking for a job.

Of the two, the EAD has some advantages - you can work at anything you like, including for your self, and you can change jobs at the drop of a hat. You can't do those with your own E-3.


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## twostep

EAD takes 4-6 months right now.


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