Well, for starters, an E3 is only for Australian citizens. So, if you’re not an Australian citizen, you wouldn’t qualify for an E3. Here are some other differences between the two:
If you are an Australian citizen, an E3 can be renewed for two years for an indefinite period of time. An H-1b is renewable for a three-year period.
An E3 is also less expensive when compared to an H-1B. There are zero government controlled application costs. However, if an Australian citizen were to use an attorney to help complete the paperwork (and get it processed), they may incur some fees.
An H-1B has dual intent. However, an E3 does not. An E3 candidate must prove that they plan to leave the U.S. when their visa expires by showing that they have significant ties to Australia. An E3s American employer may file for a change of status, but keep in mind that you must have approval of the change.
Alright, on to your question about whether you could start a company. From a legal standpoint, yes. However, you can’t work for your own company if you don’t have a valid working visa.
To learn more about your visa options (especially since you want to start a business), you should talk with an immigration attorney.is a legal marketplace that makes legal help more affordable and efficient for people and businesses. Give us a visit for a free initial consult with one of our vetted on-demand attorneys!