Applying for a U.S. E-2 Treaty Investor Visa in Melbourne, Australia

Australian nationals are eligible for treaty investor visas—called E-2 visas—which allow them to enter the U.S. to manage a business they own in the U.S. or work as a specialized worker for an Aussie-controlled business in the US. If your home residence is located in one of the following areas, your E-2 application will be processed at the U.S. Consulate in Melbourne:

• Northern Territory
• South Australia
• Tasmania
• Victoria

The application package must be prepared in accordance with the guidelines set by the US Consulate in Melbourne and submitted electronically. Our services include preparing the application package for our clients in accordance with these requirements.

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

You can contact our US immigration lawyers in Australia for further assistance.

E-2 Visa to Manage Your U.S. Business:

In order to qualify for the E-2 investor visa to manage your company in the U.S., you must fit within the detailed requirements laid out in the U.S. immigration laws. In short, the essential elements that must be met in order to qualify for the visa are:

1. you must be the holder of an Australian passport (or the holder of a passport from one of the other countries eligible for E-2 visa),
2. the U.S. business is at least 50% owned and controlled by Australian nationals (or the U.S. company is at least 50% owned by an Australian company),
3. you have already invested a ubstantial amount of money/assets in the U.S. business or are in the process of doing so,
4. the business is for-profit (non-profits/charities do not qualify),
5. the business has a capacity to bring in more revenue than just 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. you satisfy the Consular officer that you intend 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:

In order to bring over a specialized Australian worker to work in your U.S. business, the following basic elements must be met:

1. you must extend the worker a job offer that matches their education and experience,
2. you must offer them a fair wage (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. you must convince the Consular officer that a U.S. worker cannot easily and immediately perform the job 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 our office in Australia (+61 2 91561032).

Applying for an E2 Visa in Melbourne

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