DIY E-3 Kit Terms

Section 1

Who we are, and who these terms are between

1.1 Seller: E-3 Pathway is not a company and is not incorporated — it is a trading name used by Kelvin Tran, an individual. Kelvin Tran is admitted in New York and Victoria, Australia. He practices US federal immigration law only, from Los Angeles. He is not admitted in California, and he no longer practises law in Australia. E-3 Pathway does not provide Australian legal services, and is not holding itself out as doing so. The kit and the attorney review are the provision of US immigration advice, provided from the United States. E-3 Pathway has no physical office.

1.2 Buyer: you, the person who buys the DIY E-3 Kit. These terms are between you and Kelvin Tran, trading as E-3 Pathway. Your employer, and any HR contact you invite, are not parties to these terms and are not clients under them.

1.3 Contact: [email protected]. Automated kit emails (sign-in links, HR invites) come from [email protected], but to reach us — for a refund, an upgrade, a credit, or any question — email [email protected].

1.4 What you are buying: a self-help, document-drafting tool — the DIY E-3 Kit — as described in §3, at the price in §6. If you buy Kit + Attorney Review, you are also buying the limited-scope review in §5, under a separate engagement accepted at checkout.

Section 3

What you get

3.1 Four drafted documents, for a consular E-3 application only:

1. Employer support letter — drafted from your answers and HR's answers, ready for your employer to put on letterhead and sign.
2. LCA worksheet — the details the Labor Condition Application asks for, in one place, so HR can file the LCA with the US Department of Labor.
3. DS-160 prep sheet — the DS-160 questions with your answers drafted beside them, so you can type them into the DS-160 and they line up with the support letter.
4. Interview prep and document checklist — common consular questions about your job, degree, and employer, with your notes, plus a checklist of what to bring on the day.

3.2 Change of status is out of the kit. The kit is for Australians applying at a US consulate. It does not include an I-129 packet, a change-of-status packet, or an extension packet. If you are already in the US and need to change to E-3 status or extend it, do not use the kit for that — book a consult instead.

3.3 Also included: an HR invite for the employer section, sign-in by emailed magic link (no password), and save and resume from any device using the link we email you. You can download, edit, and re-generate your documents until you are done. Re-generation before a review submission is free and unlimited; re-generation after you submit for review is a new submission (§5.6).

3.4 E-3D add-on (optional, per dependent). Dependent DS-160 prep sheets and a family document checklist, drafted from the answers you have already given. $49 (A$75) per dependent with the kit, or $99 (A$149) per dependent with attorney review. E-3D is an add-on only — it cannot be bought on its own, and it must be tied to a kit purchase. An E-3D purchase with no kit purchase for the same email grants nothing; we will contact you about it. You can add E-3D at checkout or later.

3.5 Document formats: PDF. You can download your documents as PDFs, print them, and share them with your employer. If you need to edit a document, change your answers in the kit and re-generate it, or copy the text from the PDF into your own document. Word and Markdown formats are not provided.

Section 5

Attorney Review — separate limited-scope engagement

This section is the written limited-scope review agreement. It applies only to Kit + Attorney Review buyers, and to kit-only buyers who upgrade under §7. It is accepted at checkout by clickwrap: you tick to accept, and we record the exact version of these terms you accepted, its hash, the time, and your email address. You also initial under the key parts below — scope (§5.2), exclusions (§5.4), fee (§5.5), no outcome guarantee (§5.8), and earned fee / ending the review (§5.9) — so there is a record that you saw and acknowledged each of them.

5.1 Parties and client. The client is you, the buyer — not your employer, and not any HR contact you invite. The review is provided by Kelvin Tran, admitted in New York, practising US federal immigration law only.

5.2 Scope — what the review covers. Review of the four generated documents only (and the E-3D sheets, if you bought E-3D with review), against your questionnaire answers and the E-3 requirements, with written comments. One round of follow-up questions: you send your follow-up questions within 14 days of receiving the comments.

5.3 Turnaround. Written comments within 5 business days from a complete submission. A submission is complete when: all four documents are generated from a single answers snapshot, every required questionnaire field is filled, and the HR section is either completed or marked as completed by you. If your submission is incomplete, or your case is outside the review scope, we will tell you what is missing or refer you to a consult or full service instead of starting the 5-day clock.

5.4 What the review does NOT include. Filing the LCA; submitting the DS-160; contacting a consulate or USCIS on your behalf; handling a refusal or 221(g); advice on matters not in the questionnaire (including admissibility issues you did not disclose); a change of status or I-129; or any ongoing representation after the comments and the one follow-up round are delivered. After the review, you make the changes and file.

5.5 Fee and costs disclosure. The review fee is $499 (A$749) for Kit + Attorney Review, or the difference to $499 if you upgrade under §7 ($350 for a $149 launch buyer, $300 for a $199 regular buyer; A$525 / A$450). That is the single total estimate for the review: one flat fee, no hourly charge, no disbursements included in the review fee. Government and filing fees are separate and paid directly to the US government. No Australian GST is added to the review fee. E-3 Pathway is not registered for GST in Australia and does not collect GST on the kit or the review. You have the right to negotiate the fee, to receive a bill, and — for Victorian purposes — to seek a costs assessment or complain to the Victorian Legal Services Commissioner. This is included for the benefit of the doubt only. It is not an admission that this is an Australian legal service, and E-3 Pathway is not holding it out as one. The review is the provision of US immigration advice, provided from the United States by a lawyer admitted in New York, practising US federal immigration law only. E-3 Pathway does not provide Australian legal services. This section is given as the standard-form costs disclosure under s 174 of the Legal Profession Uniform Law, even though s 174 may not apply to this service — the $499 fee (A$749 at the display rate) sits at or near the $750 threshold depending on the exchange rate on the day, and this service is US immigration advice provided from the United States, not an Australian legal service.

5.6 How it works. When your documents are complete, click "Submit for attorney review" in the kit. Kelvin receives the generated documents (the polished version, if you accepted AI polish, plus your originals — see §10), your stored answers, the consult flags triggered, and the HR answers. If you re-generate after submitting, that is a new submission — it does not silently replace the packet under review.

5.7 Confidentiality. Your answers and documents are confidential to the review. They may be seen by you and by Kelvin; your employer / HR sees only the employer section and the documents you choose to share with them. See also §11.

5.8 No outcome guarantee. The review is a check of your documents against your answers and the E-3 requirements. It does not guarantee a visa or an approval.

5.9 Ending the review. Either side may end the review engagement before the comments are delivered. If it ends before delivery, any unearned portion of the review fee will be refunded promptly. The review fee is not a non-refundable retainer: the fee is earned when the written comments are delivered, and any portion not yet earned at the time the engagement ends is refunded. The $149 kit price is a product price, not a legal fee, and is not held in trust.

5.10 Fee disputes and governing law. If you dispute the review fee, you may have the right to have the dispute resolved by arbitration under 22 NYCRR Part 137, New York's attorney-client fee dispute resolution program. This notice is included for the benefit of the doubt — whether Part 137 applies to a $499 fee is not settled, and including the notice does not concede that it does. These terms, and the review engagement, are governed by the laws of the State of New York, and the courts of New York have jurisdiction over any dispute arising from them. The lawyer is NY-admitted, practising US federal immigration law only. Nothing in this clause affects your rights under the Australian Consumer Law, which cannot be excluded.

Section 7

Upgrade and credit

7.1 Upgrade to attorney review. Within 30 days of buying the kit, you can upgrade to Kit + Attorney Review for the difference to $499: $350 for a $149 launch buyer, $300 for a $199 regular buyer (A$525 / A$450). The total is always $499 (A$749). After 30 days, the upgrade price is not guaranteed.

7.2 Credit toward a consult or full service. Within 30 days of buying the kit, the kit price can be credited toward an A$300 consult or full-service E-3 Essentials. After 30 days, the credit is not guaranteed. The credit is for the kit price you paid, in USD.

7.3 Upgrades and credits are honoured exactly as stated in this section. To claim one, email [email protected] within the 30-day window.

Section 9

Your responsibilities

9.1 Your answers must be true, complete, and current. You are responsible for the accuracy of every answer you give, and for checking every generated document before you use it or file it. The kit drafts from your answers — if an answer is wrong, the document will be wrong.

9.2 Your employer's answers are your employer's responsibility. For the employer section, your employer (and any HR contact you invite) is responsible for the accuracy of what it submits, and for filing the LCA. You can review HR's answers before generation.

9.3 Filing is your responsibility. You and your employer must file on time, with the right agency, and with the right fees. The kit does not track your deadlines.

9.4 Tell us if something changes. If your job, salary, worksite, or start date changes after generation, update your answers and re-generate — do not file a document you know is out of date.

Section 11

Your data, privacy, and retention

11.1 What we use your answers for: to draft your documents, and — if you bought it — for attorney review. We do not use your answers for any other purpose without your consent. See our Privacy Policy.

11.2 Who sees what: you see your own purchase, answers, HR status, and documents. HR sees only the employer section for your purchase, via a scoped link. Kelvin sees a submission only when you submit it for review, plus the alerts in §5. No one else sees your answers.

11.3 Sign-in: by emailed magic link only, no password. A magic link is one-time and expires in 60 minutes. An HR invite link is personal to that HR contact and expires in 14 days.

11.4 Retention: We keep your answers (including passport details) and generated documents for 6 months from your purchase, or from your last document generation, whichever is later, and then we delete them. You can ask for earlier deletion at any time — in the kit, or by emailing [email protected] — and we will delete your answers and documents on request. If you ask us to delete your data before you have generated documents, your kit access ends. We keep a separate purchase record (your name, email, order reference, and amount — no passport details) for tax and accounting purposes.

11.5 Security: your answers are stored in Supabase (Postgres). Supabase encrypts all customer data at rest with AES-256 and in transit via TLS, and access to your answers is controlled by Postgres Row-Level Security — a signed-in buyer sees only their own purchase, answers, and documents. In addition, we encrypt sensitive fields on our end, at the application level, before they are stored — including passport details — so they are not stored in plain text in the database. Access is limited to you, to Kelvin for a review submission, and to your HR contact for the employer section only (see §11.2).

11.6 Australian Privacy Act. E-3 Pathway is a small business under the Privacy Act 1988 (Cth): its annual turnover is under A$3 million, so it is not an APP entity and the Australian Privacy Principles do not apply to it as a legal obligation. This is stated without conceding that the Privacy Act 1988 (Cth) applies to E-3 Pathway at all — whether it does is not settled. We still handle your information as set out in this section and in our Privacy Policy. If that position ever changes, we will update these terms before the change takes effect.

Section 13

Liability and your consumer rights

13.1 No outcome guarantee — see §2.4. Visa and petition decisions are made by the US government.

13.2 Your rights under the Australian Consumer Law cannot be excluded — see §8.3. Nothing in these terms limits those rights.

13.3 Liability cap. To the maximum extent permitted by law, our total liability to you for any claim arising from the kit is limited to the total amount you paid for the kit (and, if you bought it, the attorney review). We are not liable for indirect or consequential loss, including loss arising from a refused visa, a delayed filing, or a decision you make on the basis of the generated documents. Nothing in this clause limits or excludes any liability that cannot be limited or excluded by law, including your rights under the Australian Consumer Law (see §§8.3 and 13.2).

Acceptance

Acceptance (clickwrap, step 0)

Before starting the questionnaire, a buyer accepts these terms as follows:

• Checkbox 1 (required): I have read and agree to the DIY E-3 Kit Terms. I understand that buying the kit does not create an attorney-client relationship, that the kit is not legal advice for my situation, and that I am responsible for the accuracy of my answers and for filing my documents.
• For review buyers — initials (required): initial under each key part of the review engagement in §5 — scope (§5.2), exclusions (§5.4), fee (§5.5), no outcome guarantee (§5.8), and earned fee / ending the review (§5.9). We record the initials with the version, hash, time, and email address recorded for the acceptance.
• Checkbox 2 (optional): I've read the list in §4, and none of those situations applies to me, or I'm continuing anyway.
• Button (disabled until Checkbox 1 is ticked): Accept and start

Small print under the button: We record the version of the terms you accepted, the time, and your email address.

Short version (summary card, shown above the full terms)

• The kit drafts documents from your answers. It isn't legal advice for your situation.
• Buying the kit doesn't make you Kelvin Tran's client. [If review tier: "Your attorney review is covered by a separate limited-scope engagement, which you'll accept at checkout."]
• You're responsible for checking that everything is true and complete, and for filing on time.
• Nothing in the kit guarantees a visa or approval.
• Your answers are stored securely, and we use them only to draft your documents [and for attorney review if you bought it]. See our [Privacy Policy].

Note on the Part C fit-check list: Part C lists a shorter set of situations than §4 / the sales page. The full 7-item list in §4 is the list to use in the kit flow — do not silently drop items.

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