Globalised secured an E-3 visa for the Australian founder and Chief Executive Officer of a US-listed technology company. The matter required a careful specialty-occupation strategy, a credible employment structure for a founder-CEO, and a cross-border remuneration arrangement that preserved the executive’s continuing work in Australia while independently satisfying the US prevailing wage requirement.
The client and the objective
Our client was the Australian founder and CEO of a technology group whose parent company is listed in the United States. He needed an E-3 visa to perform a defined executive role for the group’s US employer while continuing to undertake responsibilities in Australia.
The business required a structure that reflected how a modern international CEO actually works. His responsibilities crossed borders, and his remuneration reflected work performed for the group in both Australia and the United States. The application therefore needed to establish a genuine US position, identify the professional knowledge required for that position, and document compensation in a way that met the US employer’s Labor Condition Application obligations.
The issues we addressed
A CEO role as a specialty occupation
An executive title alone does not establish E-3 eligibility. We analysed the actual US duties and identified the specialised professional core of the role: corporate finance, accounting, capital allocation, governance, enterprise risk and executive decision-making within a listed-company environment.
A founder who remained a genuine employee
Founder and ownership cases require a credible employment relationship. We documented the company’s governance structure, the Board’s oversight, and the authority under which the CEO would perform the US role.
Work and remuneration across two countries
The CEO would continue working in Australia as well as in the United States. We advised on splitting his salary between the two jurisdictions while ensuring that the compensation allocated to the US employment independently met the required wage for the US occupation and worksite.
Our strategy
We designed the application around the substance of the proposed US assignment and coordinated the employer and applicant evidence from the outset.
- Defined the US executive assignment. We separated the duties to be performed for the US employer from the executive’s continuing Australian responsibilities and explained how the US role operated within the wider corporate group.
- Built a defensible specialty-occupation case. We framed the position around the advanced finance, accounting and governance knowledge genuinely required by the company, then matched those duties to the applicant’s directly relevant university qualifications and extensive executive experience.
- Addressed founder control and governance. We documented the Board reporting structure and the company’s oversight of the US employment, giving the consular officer a clear account of the employer-employee relationship.
- Structured the cross-border salary. We worked with the business to allocate remuneration between Australia and the United States. The US salary component was set at a level that independently satisfied the prevailing wage and actual wage requirements recorded through the certified LCA. This allowed the compensation structure to reflect the CEO’s work in both jurisdictions without weakening compliance with the US wage obligation.
- Presented one consistent case. We prepared the LCA, employer support letter and application evidence so that the role, worksite, duties, governance and compensation aligned throughout the filing. We then prepared the applicant for the consular interview.
The result
The E-3 visa was approved at the applicant’s consular interview. The company obtained a workable visa solution for a senior executive whose responsibilities and compensation genuinely spanned Australia and the United States.
What this case demonstrates
- A founder or CEO can qualify for an E-3 when the US employment relationship and governance arrangements are presented properly.
- A senior executive position can qualify as a specialty occupation when its actual duties require a specific and specialised body of professional knowledge.
- Cross-border work and remuneration can be accommodated when the US assignment is defined clearly and the US wage component independently satisfies the LCA requirements.
- The E-3 can offer an effective route for Australian executives leading the US operations of an international business.
Related guidance
E-3 visas for startup founders, business owners and co-founders
E-3 visas for Australian companies sending staff to the US
Globalised E-3 legal services
Planning a founder or executive E-3?
Globalised advises Australian founders, executives and companies on E-3 strategy, employer compliance and consular applications. We manage the process from the initial assessment through to interview preparation and visa outcome.
This representative matter has been anonymised. Certain non-essential facts have been generalised to protect client confidentiality. Past outcomes do not guarantee a similar result in another matter.
