Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
Applying for an E-2 Treaty Investor Visa
in Perth, Australia
E2 Visas for AustraliansMore on E2 VisasE3 Specialist Visas for AustraliansL1 Transfer VisasEB1C Green CardsEB5 Green Cards
Table of Contents
- ► Applying for an E-2 Treaty Investor Visa in Perth
- ► E-2 Visas for U.S. Business Owners from Western Australia
- ► Applying for an E-2 Visa from Western Australia
- ► E-2 Visas for Specialty Workers
- ► Case Study: Western Australian Agribusiness E-2 Expansion
- ► More Information on E-2 Visas for Agribusinesses
- ► Davies & Associates in Perth, Australia
- ► U.S. Embassies, Consulates and USCIS in Australia
- ► About the Authors
- ► Solutions by City
Applying for an E-2 Treaty Investor Visa in Perth, Western Australia
What is the E-2 Visa for Western Australia?
Australian passport holders from Western Australia may be eligible for “E-2” U.S. investor visas if they have invested in a U.S. business and intend to enter the U.S. to manage the business. They may also qualify for an E-2 essential worker visa if they are an “essential worker” for a U.S.-based, Australian-owned, business.
Where are E-2 Visas Processed in Western Australia?
If your residence is in Western Australia, your E-2 visa application will be processed by the U.S. 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: U.S. Consulate General in Perth
This page simply describes how to apply for an E-2 visa in Perth. This page is not intended to be a guide to E-2 visas. For a guide to E-2 visas please visit our E-2 visa guide.
E-2 Visas for U.S. Business Owners from Western Australia:
In certain circumstances, U.S. E-2 visas allow Western Australians 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.
What are the Requirements for E-2 Visa Applicants from Western Australia?
In general, the main elements that must be met in order to qualify for the visa are:
- you hold an Australian passport (or hold a passport from one of the other countries eligible for E-2 visas),
- 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),
- you have already invested—or are in the process of investing—a substantial amount of money/assets in the U.S. business,
- the business is a revenue-generating, for-profit enterprise,
- 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),
- you will be an active Manager/Executive for the U.S. business, and
- 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)
Applying for an E-2 Visa from Western Australia
| 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 E-2 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 U.S. State Department and the consulate was overruled. |
| 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 U.S. Consulate in Sydney. | Different consulates have different guidance for the package needed for an E-2 treaty investor visa application. Official E-2 Treaty Investor Visa guidance is available here. While an experienced E-2 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 U.S. 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 email to [email protected]. | Your application must be in PDF format and be no 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 on the U.S. State Department website. Current E-2 visa fee is USD 315. | 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 U.S. consulate in Perth 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 U.S. consulate. If your visa is issued you will have to pay the visa reciprocity fee. The U.S. State Department reciprocity schedule lists the current fee for Australian nationals (E-2 category: USD 5,592, validity 60 months). | Surrender passport at consulate for stamping of E-2 visa. |
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:
- the U.S. business makes a job offer to that Australian worker that matches their education and experience,
- 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),
- the U.S. business is at least 50% owned by Australians and Australians are actively developing and directing the U.S. company, and
- 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 U.S. Business: the E-2 Essential Employee Visa (General Guidelines)
For a free assessment of whether you qualify for an E-2 visa, please email us or call our office in Australia (+61 2 91561032).
The following case study illustrates a successful E-2 application for a Western Australian business expanding to the United States.
Case Study: Western Australian Agribusiness E-2 Expansion
Western Australian Lamb Exporter Expands into the United States Through E-2 Investment
Business Overview
Our client is a Western Australian meat export company specialising in premium grass-fed lamb products for international wholesale markets. While it is not the client's real name we will call them Great Southern Lamb Exports Pty. Ltd. in this example.
The business is headquartered in Katanning, Western Australia, a regional centre in the Great Southern agricultural zone widely recognised for high-quality sheep and lamb production. Katanning and its surrounding farming districts supply a consistent volume of export-grade lamb, supported by established livestock infrastructure and proximity to processing and cold-chain logistics.
Over the past decade, Great Southern Lamb Exports has built a strong reputation in Asia and the Middle East for clean, traceable Australian lamb.
Strategic Expansion into the United States
In 2026, the company identified a major opportunity in the United States: increasing demand from premium butchers, restaurants, and specialty retailers for high-quality imported lamb. To accelerate entry into the U.S. market, Great Southern Lamb Exports pursued an acquisition strategy rather than starting from scratch.
The company acquired a small but well-established American wholesale meat distribution business: Pacific Heritage Meats LLC, based in California, supplying lamb, beef, and specialty proteins to restaurant groups and independent retailers.
This acquisition provided:
- Existing customer contracts
- Licensed cold-storage and distribution capacity
- Local regulatory compliance
- Immediate access to U.S. wholesale channels
The acquisition created a strong platform for rapid growth.
E-2 Treaty Investor Structure
Because Australia is an E-2 treaty country, the expansion was structured as an E-2 Treaty Investor enterprise, allowing the Australian owners to invest and direct operations in the U.S. The total investment was structured as a combination of cash and product inventory.
Investment Breakdown
| Investment Component | Value (USD) |
|---|---|
| Cash injected into U.S. entity (operations, legal, acquisition costs) | $37,000 |
| Export inventory contribution (frozen lamb stock for U.S. distribution) | $279,000 |
| Total E-2 Investment | $316,000 |
Ordinarily the client’s shipments were sold to a U.S. customer. The inventory consisted of commercial shipments of frozen lamb cuts intended for immediate resale through the acquired distribution network. This “stock-in-trade” contribution was treated as an essential operational investment, demonstrating that the enterprise was active and trade-ready from day one.
Business Operations in the U.S.
Following acquisition, the U.S. business model focused on:
- Supplying Australian lamb to high-end wholesalers and restaurant distributors
- Expanding product lines into premium cuts and specialty lamb racks
- Marketing Australian provenance and traceability
- Scaling distribution beyond California into Texas and the Northeast
The business projected strong revenue growth based on rising U.S. demand for premium imported proteins.
Movement of Key Personnel
To support the expansion, Great Southern Lamb Exports transferred two essential individuals to the United States under the E-2 framework:
1. E-2 Investor (Principal Owner)
The Australian founder relocated to the U.S. to:
- Direct and develop the acquired business
- Oversee supply chain integration between WA and the U.S.
- Build strategic partnerships with restaurant groups and distributors
This role was central to ensuring the enterprise was actively managed and scalable.
2. Specialist Marketing and Sales Manager (E-2 Employee)
The company also transferred a senior Australian marketing manager with specialised expertise in:
- Premium meat branding
- U.S. wholesale account development
- Trade marketing for foodservice distributors
- Export compliance and cold-chain product positioning
This employee was essential because of their deep familiarity with the company’s unique lamb supply chain from Katanning and their ability to build U.S. demand around Australian provenance.
Outcome and E-2 Strength
This case demonstrates several strong E-2 elements:
- A real, operating business acquired in the U.S.
- A substantial investment relative to the enterprise type
- Inventory treated as committed capital at risk
- Immediate commercial activity through distribution
- Job creation and growth potential in the U.S. market
- Active investor control and specialist employee transfer
The enterprise was not marginal: it was structured for expansion, with scalable wholesale distribution and strong export supply from Western Australia.
Conclusion
Great Southern Lamb Exports Pty Ltd successfully leveraged Western Australia’s world-class lamb industry in Katanning to establish a meaningful commercial presence in the United States. By combining cash investment with significant lamb inventory stock, acquiring an existing U.S. distributor, and relocating both an investor and essential marketing specialist, the business created a strong foundation for long-term growth under the E-2 Treaty Investor program.
More Information on E-2 Visas for Agribusinesses
Our firm has expertise with representing agricultural and commodities businesses.
For more information on E-2 visas for agricultural businesses please visit our industry page.
Davies & Associates in Perth, Australia
With our Regional Office in Singapore, Davies & Associates has always had a strong presence in Australia.
In Perth we are located at:
We are close to the famous Swan River with convenient parking.
We are unable to accept walk-in appointments but welcome scheduled appointments.
Level 1, 12 St Georges Terrace, Perth WA 6000, Australia
List of United States Embassies, Consulates and USCIS in Australia
Visas for Australian residents are processed in a U.S. consulate. The U.S. embassy in Canberra does NOT process visa applications. U.S. Consulates in Australia are located at:
U.S. Consulate 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
U.S. Embassy in Canberra, Australia
Address: Moonah Place Yarralumla, ACT 2600, Canberra
Phone: Office: +(02) 6214-5600
WebSite: U.S. Embassy in Canberra, Australia Website
E-mail: [email protected]
U.S. Consulate 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: U.S. Consulate in Australia, Melbourne Website
U.S. Consulate in Australia, Perth
Covers: Western Australia.
Address: 4th Floor, 16 St. George’s Terrace, Perth, WA 6000
Phone: Office: (08) 6144-5100
WebSite: U.S. Consulate in Australia, Perth Website
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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