It depends on the arrangement. The E-3 visa was designed for Australian professionals in specialty occupations who will work on U.S. soil for a U.S.-based company. For that reason, a fully remote contract with all activities performed outside the country falls outside the scope of the visa.
With the growth of remote work, discussions about hybrid arrangements have emerged. Even so, to qualify, the professional must hold a clearly established position in the United States, with a role that justifies the visa and the appropriate documentation, including approval of the Labor Condition Application (LCA).
In practice, performing part of the work remotely can be compatible, as long as the employment base remains in the United States and the company maintains its address and operations there. The key point is that the U.S. employment relationship must remain real and verifiable.
Because every contract has its own specifics, it is worth reviewing the terms with a specialist and checking the official guidance from USCIS and the Department of Labor before signing, to avoid arrangements that could undermine the visa.
Learn more about E-2
- Type
- Non-immigrant
- Initial validity
- 2-5 years
- Extension
- Unlimited (2 years each)
- Processing
- 1-4 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.