Applying for a U.S. E-2 Treaty Investor Visa in Melbourne, Australia
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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:
- 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),
- 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),
- you have already invested a ubstantial amount of money/assets in the U.S. business or are in the process of doing so,
- the business is for-profit (non-profits/charities do not qualify),
- 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),
- you will be an active Manager/Executive for the U.S. business, and
- 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:
- you must extend the worker a job offer that matches their education and experience,
- you must offer them a fair wage (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
- 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 (1-860-830-5665).
Applying for an E2 Visa in Melbourne
| 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
AddressMoonah Place Yarralumla, ACT 2600, Canberra
Phone
Office: +(02) 6214-5600
WebSite
US Embassy in Canberra, Australia Website
[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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Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
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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.
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
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