Dear Sophie: Can I create a startup on a dependent visa from Australia?

I’m eligible to receive a visa and a work permit under my husband’s visa. Can I form my own startup with that dependent visa and work permit or do I need to find a job with an American company?
Sophie Alcorn Contributor Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives. More posts by this contributor

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I live in Sydney and an American company is offering my husband a professional job and a work visa. I’m eligible to receive a visa and a work permit under my husband’s visa. Can I form my own startup with that dependent visa and work permit or do I need to find a job with an American company? How long would we be able to stay in the U.S.?

— Aspiring in Australia

 

Dear Aspiring in Australia:

Congrats on naming your desire and stating your intention to start a company. That’s exciting!

Based on your question, it sounds like the company is sponsoring your husband for an E-3 visa for Australian professionals, and you would be eligible for a dependent E-3 visa and employment authorization document (EAD), also known as a work permit. Recently, I’ve been getting a lot of questions from spouses about dependent visas and working. Check out my podcasts on dependent visas and specifically about the E-3 visa for additional information.

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