The E2 Investor Visa offers Australian citizens a fantastic opportunity to live and work in the United States by investing in and actively managing a US business. While the US and Australia enjoy robust trade relations, this article focuses specifically on the E2 visa process for Australian nationals.
Treaty Country: Australia is a treaty country, making its citizens eligible for the E-2 visa.
Business Opportunities: The US market offers diverse and abundant business opportunities.
Lifestyle: Many Australians are drawn to the US lifestyle, including its diverse culture and economic landscape.
Investment Flexibility: The E-2 visa allows for various investment options, from starting a new business to purchasing an existing business.
Understanding the E-2 Visa
The E2 visa is a non-immigrant visa that allows Australian citizens to enter the US to develop and direct a business they have substantially invested in. It offers a long-term, renewable option for living and working in the US, while you explore avenues to a green card.
In addition, you can bring essential Australian employees to the United States on E-2 visa to assist you in running the business.
Eligibility Requirements for Australian Citizens
To qualify for an E-2 visa, Australians must meet the following criteria:
Citizenship: You must be a citizen of Australia. Permanent residents do not qualify.
Substantial Investment: The investment must be “substantial,” meaning it’s significant enough to ensure the business’s success, considering the type and location of your business. There’s no fixed dollar amount, but it should be proportional to the business’s total cost. Funds must be “at risk” at the time of application, meaning you could lose them if the business fails. To learn about the investment amount, visit E-2 visa minimum investment amount.
Active Business: The business must be real and operational, not a passive investment. Moreover, it must have the potential to generate more than just a living for you and must contribute to the US economy.
Direction and Development: You must actively develop and direct the business, typically by owning at least 50% of it.
Intent to Depart: You must intend to leave the US when your E-2 status expires, though renewals are possible.
Non-Marginal Business: The business cannot be marginal, meaning it must have the capacity to employ US workers.
Investment Preparation: Decide on the type of business you want to invest in and secure your investment funds. Prepare a comprehensive E2 visa business plan for your business.
Documentation: Gather all required documentation, including proof of citizenship, investment, and business viability.
Application Submission: Apply at the US Consulate in Sydney, Melbourne or Perth. Alternatively, if you are in the United States, you can apply for change of status to E2 with the United States Citizenship and Immigration Services (USCIS) on Form I-129. To learn more about the pros and cons of applying in the United States, visit Applying for E2 visa while US.
Consular Interview: Attend an interview where you’ll be questioned about your business and investment.
Key Considerations for Australians
Applying from within the USA: It is possible tochange your status to an E2 within the USA if you entered on a valid visa other than an ESTA.
If you’re an Australian citizen ready to pursue an E-2 visa, contact us or schedule a consultation with our experienced E2 visa lawyers to discuss your case or begin your application process.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
