This article discusses frequently asked questions about issues that E3 dependent visa family members, including E3 spouse and children, face when it comes to getting employment, obtaining a social security number and health insurance.
Who qualifies for E3 dependent visa?
E3 dependent visas are available for spouses and children under 21 of E3 visa holders.
Once a child turns 21, they are no longer eligible for E3 dependent status, even if their I-94 or visa stamp has not yet expired. This means that the E3 dependent status ends when children turn 21, regardless of the expiration date on their I-94 record or E3 visa stamp.
To continue staying in the US after age 21, they must qualify for a separate visa category. To proactively address this situation, it’s advisable to consult with an immigration attorney well before your child’s 21st birthday.
E3 Visa Spouse and Child: Work Authorization in the US
Can spouse of E3 visa work?
Yes, spouses of E3 visa holders can work in the US without restrictions. With E-3S status, they have full work authorization, allowing them to work full-time, part-time, or start their own business.
The fact that E3 visa spouses can work anywhere offers a strategic advantage for couples seeking work flexibility in the United States. While E3 visa holders are limited to working for their specific employer, their spouses with E-3S status enjoy unrestricted work authorization.
Does my E3 visa spouse need a work permit to work in USA?
No, E3 visa spouses are automatically authorized to work in the US with their E-3S status. E3 visa dependent spouses don’t need a separate work permit to work in the United States.
Spouses of E3 workers are not required to request employment authorization by filing Form I-765, Application for Employment Authorization. They can simply work in the United States with their I-94 record indicating E-3S status.
To start your new job, you’ll need to complete a Form I-9 to verify your identity and employment eligibility. This is a standard process for all new employees. An unexpired Form I-94 reflecting E-3S status is acceptable as evidence of employment authorization for Form I-9 verification.
Can my children on E3 dependent visa get a work permit?
No, children on E3 dependent visa are not authorized to work in the United States for any employer and do not get a work permit.
E3 visa Spouse and Child: SSN (Social Security Number)
What is an SSN (Social Security Number)?
A Social Security Number (SSN) is a nine-digit number issued to US citizens, permanent residents (green card holders), and foreign workers authorized to work in the United State. It’s used to track income, determine social security benefits, and identify individuals for tax purposes.
Can my E3 visa dependent spouse get a SSN (social security number)?
Yes, E3 visa dependent spouses can obtain a SSN (social security number). This allows them to work for any US employer and build credit history. Keep in mind that only E3 visa social security number is only available to dependent spouses.
Can my E3 dependent children get a SSN?
No, E3 dependent children are not eligible to work in the US and cannot obtain Social Security Numbers. Once a child turns 21, their E3 dependent status ends, requiring them to seek alternative visa options for continued US stay.
How to apply for an SSN (social security number) with E3 visa?
E3 visa dependent spouse can obtain Social Security Numbers (SSNs) after arriving in the US. To apply for E3 visa social security number for dependent spouse, you must:
- Online Application: Complete Form SS-5 on the Social Security Administration’s website.
- Local Office Visit: Schedule an appointment or visit a local office to provide original documents, including passport, E3 visa, recent I-94, completed SS-5, and any other required documents.
While an SSN doesn’t directly authorize employment, it’s essential for receiving wages and paying taxes.
E3 dependent visa interview
What to expect at your E3 dependent visa interview?
If you’re applying for an E3 dependent visa, you and any children over 14 must attend an interview.
Children under 14 do not need to attend an E3 visa interview. A parent can submit a DS-160 form on the child’s behalf and bring the child’s passport and birth certificate to the interview for visa stamping.
The spouse’s interview typically focuses on identity verification, establishing the required qualifying relationship with the principal E3 visa and confirming your eligibility. You must bring your marriage license to the interview.
What are common interview questions for E3 dependent visa?
Common E3 dependent visa interview questions include:
E3 dependent visa documents
For your visa interview, be prepared to bring the following original documents (and certified translations if necessary):
E3 spouse visa application, requirements and renewal
What are the requirements for E3 spouse visa?
The main requirement for E3 spouse visa is evidence that proves the required family relationship with the principal E3 visa holder. A certified copy of a marriage or birth certificate is recommended but is not strictly necessary if you can present other convincing evidence.
The E3 visa spouses and children from treaty countries should receive E3 visas valid for the shorter of:
- The maximum duration allowed by their nationality’s reciprocity schedule
- The principal visa holder’s visa validity or authorized stay
Spouses and children of E3 visa holders from non-treaty countries are eligible for derivative visas. While they can use their non-treaty country passports, visa validity, fees, and entry limits will be determined based on Australia’s reciprocity schedule.
How to apply for E3 spouse visa?
To apply for E3 spouse visa, you must submit an E3 spouse visa application on form DS-160 and attend an in-person interview at the US Consulate abroad, unless waived.
How to renew E3 visa for dependents?
To renew your E3 dependent visa, you’ll need to follow the same process as the initial application: complete a DS-160 form and attend an in-person interview with the required documents. You must bring all required documents at the interview, including:
To learn more, visit E3 visa extension and renewal.
My spouse E3 was terminated. Do I get grace period for E3 dependent visa?
Yes, E3 visa dependents have 60-day grace period. If eligible, during the 60-day grace period, you can:
If no action is taken within the grace period, the worker and their dependents must leave the US within 60 days or when their current I-94 status expires, whichever is earlier.
Malescu Law can assist
If you want to obtain an E3 visa, contact our experienced E3 visa lawyers in Miami, Florida USA or schedule a consultation.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
