The gap, named · our reading of the rule

Australian entrepreneurs often conflate the E-3 specialty visa with the E-2 investor route. E-3 status requires a specialty occupation, a certified LCA, and an employer-employee oversight structure.

The Regulatory Framework

Under 8 U.S.C. § 1101(a)(15)(E)(iii), the E-3 exists for a national of the Commonwealth of Australia coming solely to perform services in a specialty occupation, and the Secretary of Labor certifies an attestation under INA § 212(t). The wage and working-condition rules run through that attestation.

How entrepreneurs prepare for this conversation

• Step 1: Consider board supervision: Independent oversight of your own employment is a common structuring practice where the owner is also the employee, and it is our reading rather than a rule: no E-3 authority requires a board.
• Step 2: File Department of Labor LCA: Ensure company compensation meets prevailing wage standards.

Attorney Interrogation Sheet (What to Ask)

1. Does our corporate setup support a valid LCA filing?
2. Can my proposed wage meet Department of Labor prevailing wage standards?

What this is not This piece quotes the published rule and says plainly where we are reading it rather than quoting it. It is not legal, tax or immigration advice, it creates no attorney–client relationship, and neither you nor we can apply it to your facts. Rules also move — check the date above, then take the questions in this piece to your own licensed attorney and CPA, who are the only people who can advise you.

Sources · primary law first, our own notes labelled as such

8 U.S.C. § 1101(a)(15)(E)(iii) — the E-3 classification; INA § 212(t) — the E-3 labor attestation

20 CFR 655 Subpart H — Labor Condition Application requirements

Ownership and work authorisation are treated differently in the rules, and that difference is what this library is about. Everything here is written for people keeping the job that holds their status.

Put a number on it. Build Check

Then choose your route. The Immigrant Entrepreneur Cohort is four weeks, while employed, and it starts with exactly this question. See the next run →