Legal Question in Immigration Law in New York

E3 Visa - Setting up own company

I am currently working and living in the US on an E3 Visa. My employer is sponsoring this visa. However, I heard that it is possible that I incorporate my own company, and get and E3 visa that way, and sponsor myself, and then work as a consultant for my current boss and get him to 1099 my pay. Please advise if this is possible.


Asked on 5/07/09, 2:41 pm

1 Answer from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: E3 Visa - Setting up own company

With regards to your E3 visa (which is a non-immigrant visa � based on temporary employment)it indicates to me that you are here working in a specialty occupation.

What I would like to know is the following:

Has your U.S employer ever filed, with the immigration service, a petition seeking to change your E-3 visa status?

Do you have an LCA from the Department of Labor?

Patricia Martin-Gibbons

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Answered on 5/11/09, 10:21 am


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