What to do if I am currently on a B1 visa and have applied for an extension?

I am just now been offered a job however that qualifies me for an E3 VISA. I am wondering if I am able to change this status in the USA or if I should return home to Australia for apply for it? Is it possible to apply for the E3 swapping from a B2 in the US? Will my possible extension affect my application?

Asked on October 4, 2013 under Immigration Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A B visa is one of a category of visas issued by the United States government to foreign citizens seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined together and issued as a "B1/B2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Visitors from some countries do not need to obtain a visa for these purposes (see United States visas).

The E-3 visa is a United States visa for which only citizens of Australia are eligible.  It was created by an Act of the United States Congress as a result of the Australia-United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the USA and Australia.

In short you can try and change your status to an E3 visa in the United States. The possible extension should not affect your application.


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