Australian passport holders may be eligible for “E-2” U.S. work visas if they have invested in a U.S. business and intend to enter the U.S. to manage the business or if they are an “essential” worker for a U.S.-based, Australian-owned business.

If your residence is in Western Australia, your E2 visa application will be processed by the US Consulate in Perth. Your application must be physically mailed to the E-2 visa desk of the Consulate. Our legal services include the preparation and submission of your E-2 application on your behalf in compliance with the specific regulations set by the Consulate.

You can visit the Consulate’s website at the following address: https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-perth-australia/

E-2 Visas for U.S. Business Owners:

In certain circumstances, USA E-2 visas allow Australian nationals to enter the United States to run U.S. businesses that are owned by Australian nationals. The E-2 is in the investor category of visas and thus requires a substantial investment in the U.S. business and the U.S. government wants to see that the investment will benefit the U.S., including through employing U.S. workers. In general, the main elements that must be met in order to qualify for the visa are:

  1. you hold an Australian passport (or hold a passport from one of the other countries eligible for E-2 visas),
  2. the U.S. business is at least 50% owned and controlled by Australian nationals (or an Aussie company owns and controls at least 50% of the U.S. company),
  3. you have already invested—or are in the process of investing—a substantial amount of money/assets in the U.S. business,
  4. the business is a revenue-generating, for-profit enterprise,
  5. the business will bring in more revenue than just what is needed to support you and your family (i.e. you will employ U.S. workers),
  6. you will be an active Manager/Executive for the U.S. business, and
  7. as this is a temporary work visa, you have an intent to leave the U.S. after your visa expires.

For detailed information about the requirements for an E-2 investor/manager visa, please click here: Starting a Business in the United States: E-2 Investor Visas For Australians (General Guidelines)

E-2 Visas for Specialty Workers for Your U.S. Business:

U.S. businesses seeking to employ specialty Australian workers may be able to obtain E-2 visas for those workers if the following basic elements are met:

  1. the U.S. business makes a job offer to that Australian worker that matches their education and experience,
  2. the wage being offered is fair for that type of job in that part of the U.S. (see the link below for more information),
  3. the U.S. business is at least 50% owned by Australians and Australians are actively developing and directing the U.S. company, and
  4. a U.S. worker cannot easily and immediately fill the position you are offering the Aussie national.

For detailed information about the requirements for an E-2 specialized worker visa, please click here: Bringing Over Australian Nationals to Work in your Australian-Owned US Business: the E-2 Essential Employee Visa (General Guidelines)

For a free assessment of whether you qualify for an E-2 visa, please e-mail us or call office in Australia (+61 2 91561032).

Applying for an E2 Visa in Perth

Step Description How
1. Prepare Business Plan The business plan is probably the single most important part of an E-2 and E-1 visa application. It is the “backbone” of the application package. There are various business plan preparation services. It is CRITICAL the plan is worked on in conjunction with and reviewed by an experienced E2 visa lawyer.
2. Fund Application You need to evidence that enough funds have been invested and that those funds properly fund the business. You need to place enough funds in escrow to evidence your ability to fund the business operations. In thousands of E2 applications no client has ever been asked to evidence that the funds have been spent and there is a regulation and FAM guidance stating that escrowed funds meet the “irrevocably” invested requirement. One consulate did tell one client they were uncomfortable with escrowed funds, we complained to the US State Dept. and the consulate were “over-ruled”.
3. Prepare E-2 Visa Application The business plan and other relevant evidence needs to be collated into an application package that meet the requirement of the US Consulate in Sydney. Different consulates have different guidance for the package needed for an E-2 treat investor visa application. In Sydney guidance is available here. While an experienced E2 immigration lawyer can provide more information the U.S. Department of State Foreign Affairs Manual (9 FAM 41.51)
4. Complete form DS 160. Nonimmigrant Visa Electronic Application (DS-160) form Guidance for completing for DS 160 is available from the US State Department.
Most E-2 visa applicants have their application, including form DS 160 prepared and filed by their immigration lawyer.
5. Submission of E-2 Visa Package. You or your lawyer can submit your complete application by e-mail to: [email protected]. Your application must be in PDF format and be of mot more than 100 pages (not including the application forms) with a maximum file size of 9MB and be properly tabbed and formed to consular requirements.
6. Pay your E-2 visa application fee. Visa application fees are listed here and at the time of writing are USD 205. Create a user profile online and pay the Machine Readable Visa (MRV) fee for yourself and any accompanying family members. Follow the step-by-step instructions provided at the U.S. Visa Information Service for Australia website.
7. Wait for Appointment Within fifteen (15) days of receipt of your application the US Consulate in Sydney will contact you and authorize you to schedule an appointment. Schedule appointment on-line upon consular authorization to do so.
8. Visa Interview and Visa Issuance Attend visa interview at US consulate. If your visa is issued you will have to pay the visa reciprocity fee. At the time of writing the fee for an Australian National is USD 3,574. Current Fees are posted on-line. Surender passport at consulate for stamping of E2 visa.

List of United States Embassies, Consulates and USCIS in Australia

Visas for Australian residents are processed in a US consulate. The US embassy in Canberra does NOT process visa applications. US Consulates in Australia are located at:

US Consultate in Australia, Sydney
Covers: Capital Territory and New South Wales.
Address
Level 10, MLC Centre, 19-29 Martin Place, Sydney, NSW 2000
Phone
Office: 1300 139 399
US Embassy in Canberra, Australia
Address
Moonah Place Yarralumla, ACT 2600, Canberra
Phone
Office: +(02) 6214-5600
WebSite
US Embassy in Canberra, Australia Website
E-mail
[email protected]
US Consultate in Australia, Melbourne
Covers: Queensland, Tasmania and Northern Territory.
Address
Level 6, 553 St. Kilda Road, Melbourne, VIC 3004
Phone
Office: 1300 139 399
WebSite
US Consultate in Australia, Melbourne Website
US Consultate in Australia, Perth
Covers: Western Australia.
Address
4th Floor, 16 St. George’s Terrace, Perth, WA 6000
Phone
Office: (08) 6144-5100
WebSite
US Consultate in Australia, Perth Website

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Eranjan Venura Parua
Eranjan Venura Parua
2 months ago

"After finding D&A through an internet search in 2020, my wife and I had several free consultations with David Cantor. Despite our initial attempt at filing for our E2 visa independently ending in failure, we decided to hire D&A for their expertise and support. Over the course of four long years, Verdie and Cristina were incredibly patient as we took our time to prepare for the E2 submission. Verdie became our E2 Attorney in 2021, and from the start, Verdie and Cristina's patience was evident. Despite our intermittent engagement over the years, they always treated us with the utmost attention. Working with Verdie and the D&A team was a pleasure; their professionalism and support were unwavering. Verdie's calm demeanor and succinct communication style made navigating the process much smoother, even during complex discussions. I wholeheartedly recommend Verdie and D&A - Davies & Associates, to anyone seeking an immigration law firm who can efficiently handle their case with precision and without unnecessary fanfare. Their ability to get things done speaks volumes about their dedication to their clients' success."

Jeremy Abernathy
Jeremy Abernathy
4 months ago

I had the pleasure of working with Verdie and Nessa to obtain my E2 Visa. Their in-depth knowledge and experience allowed me to be fully prepared in my application and they were able to answer all questions leading up to the Visa interview.

Saeed Muhammad
Saeed Muhammad
5 months ago

Verdie was an amazing attorney, providing exceptional client care throughout the process. He had a great depth of knowledge in all areas on business visas in the US.

Satyabrat Chowdhury
Satyabrat Chowdhury
8 months ago

I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.

Christine Envall
Christine Envall
a year ago

Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.

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