Do I Need My Own E-3 Visa Lawyer If My Employer Has One?
Two scenarios decide if you need your own E-3 visa lawyer when your employer already has one: a non-standard case, or a firm unfamiliar with E-3
Your employer's E-3 visa lawyer represents the company, not you. That's the default in employment-based immigration, and it stands unless both parties sign a joint-representation engagement letter. For most Australian E-3 visa applicants the arrangement is fine. For some cases, you may want your own E-3 visa lawyer or support before the petition is filed.
Key takeaways
- By default, the attorney retained by your employer represents the employer only, not you, unless both parties sign a joint-representation engagement letter.
- On a consular E-3, the employer's lawyer drafts the LCA and support letter, while you file the DS-160, book the interview, and handle the document packet.
- Run three tests before you sign off on the petition: is your case standard, is the employer's lawyer experienced with E-3, and will they answer your direct questions.
- There are three distinct tiers of independent support: a second opinion, a flat-fee filing service like Migrate Mate, and full separate counsel. Match the tier to the risk your case carries.
Two scenarios: do you need your own E-3 visa lawyer?
If either of these is true, you may want to get independent E-3 visa support.
Scenario 1: Is your E-3 visa case standard?
A standard E-3 visa case has a four-year Australian bachelor's degree that maps directly to the job, no prior visa denials or 221(g) holds, no prior U.S. immigration violations, and a clear specialty-occupation fit (the role requires a degree in a specific field that matches yours). A UNSW four-year IT degree matched to a software engineer role at a Fortune 500 employer is standard.
Common edge cases that fail this test: three-year Australian bachelor's, prior 221(g), prior 214(b) refusal, specialty-occupation dispute, or green-card planning in the next one to two years.
Scenario 2: Is the firm experienced with E-3 visa filings?
Most immigration firms file far more H-1B visas than E-3 visas. Fluency shows up in small choices: interview location strategy, Sydney/Melbourne/Perth consulate documentary preferences, prevailing-wage first-try accuracy.
Ask HR two questions: how many E-3 visas has the firm filed in the last 12 months, and which Australian consulates have the best wait times right now?
You can also check the employer's actual filing history yourself before signing the offer. Migrate Mate's job board surfaces verified LCA filings pulled directly from DOL data: how many E-3 visas the employer has sponsored, the wage levels they used, and how recently they filed.
Two options for independent E-3 visa representation
| Option | Cost | When to use |
|---|---|---|
| Flat-fee E-3 visa filing service (Migrate Mate) | $499 | Standard case, but the company's visa lawyer is inexperienced with E-3 visa, or you need faster filing time of documentation. |
| Full independent E-3 visa counsel | $2,000–$5,000 | Major risk factor: prior denial, 221(g), specialty-occupation dispute, or green-card planning |
The flat-fee E-3 visa filing service is a defined-scope product. Migrate Mate assigns a dedicated E-3 visa expert to handle your DS-160, document packet, and interview prep while the employer's lawyer files the LCA and support letter. It backs the employer's lawyer instead of replacing them, and if the case develops a complication that warrants independent counsel, Migrate Mate flags it before filing so you can pivot.
Full independent counsel runs the filing end to end, often in place of the employer's lawyer on I-129 COS.
If your employer reimburses independent counsel (common at large tech firms and universities), the cost threshold sometimes drops to zero.
Get your E-3 visa approved without paying thousands in legal fees.
Book free consultationChoosing your E-3 visa representation path
Four scenarios cover most Australian E-3 visa applicants:
- Standard case, experienced employer: trust the company lawyer, budget zero, focus on your DS-160 and interview prep.
- Standard case, inexperienced employer: use Migrate Mate's flat-fee E-3 visa filing service up front.
- Non-standard case, any employer (three-year degree, credential question): use Migrate Mate's flat-fee E-3 visa filing service; their dedicated E-3 expert reviews the case before filing and flags if it needs to escalate to full counsel.
- Major risk factor (prior denial, 221(g), specialty-occupation dispute, green-card planning): retain full independent counsel.
File your E-3 visa with Migrate Mate
Migrate Mate's E-3 visa filing service is built for the standard-case + inexperienced-employer scenario, and for any Australian E-3 visa applicant who wants expert filing without paying thousands in legal fees. Migrate Mate files the E-3 application in business day for $499, and most clients receive their E-3 visa 4 to 6 weeks after filing.
Your E-3 could be approved in as little as 4 weeks. Migrate Mate handles everything.
Book free consultationFrequently asked questions
Does my employer's immigration lawyer represent me on my E-3?
By default, no. An attorney retained by the employer represents the employer only. The lawyer represents you too only if you both sign a joint-representation engagement letter or a separate G-28 is filed naming you as the represented client.
What is Form G-28 and does it mean the lawyer represents me?
Form G-28 is the USCIS Notice of Entry of Appearance. It names one party per filing: applicant, petitioner, or respondent. In an employer-sponsored petition, the G-28 is filed for the employer, not you. You're represented only if a separate G-28 names you as the beneficiary, per the USCIS G-28 page.
Will my employer's lawyer share what I tell them with my employer?
In a dual-representation arrangement, yes. The lawyer can't keep confidences between two parties they both represent. If you need to raise an admissibility concern or a prior denial, get independent counsel before making that disclosure.
When should I get a second opinion from my own lawyer?
Get one if you have a three-year Australian bachelor's degree, a prior denial or 221(g) hold, a specialty-occupation mismatch, or green-card plans within the next one to two years. Also get one if the employer's lawyer won't answer your direct questions.
Can I hire my own lawyer if my employer already has one?
Yes. Nothing prevents you from retaining independent counsel alongside the employer's lawyer. You don't need the employer's permission to get independent advice.
About the Author
Founder & CEO @ Migrate Mate
I moved from Australia to the United States in 2023. I have had 3 jobs, and 3 different visas. I started Migrate Mate to help people like me find their dream job in the USA & help them get visa sponsorship.
