Applying for an E-2 Treaty Investor Visa in Sydney, Australia (residents of Capital Territory, New South Wales, Norfolk Island & Queensland)

If you are an Australian national (and you hold an Australian passport) who seeks to work in the U.S. managing a business that you invested substantially in or to work in a company that is owned by Australian nationals, you may be eligible for an E-2 work/investor visa.

E2 application package must be carefully prepared according to the guidelines set by the U.S. Consulate. Our legal services include the preparation and submission of your E-2 application on your behalf. Your E-2 application will be reviewed and processed at the U.S. Consulate in Sydney if your home residence is in any of the following:

  • Australian Capital Territory
  • New South Wales
  • Norfolk Island
  • Queensland
E-2 Visas for U.S. Business Owners:

If you are an owner of a business in the U.S., you may be eligible for a visa that will allow you to enter the U.S. to manage that business. The U.S. government will do a detailed analysis of the business in order to determine that it is properly formed and that it has the potential to succeed and employ U.S. workers. Each case will be reviewed closely and individually, but in general, 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 another country on the E-2 list), (2) the U.S. business is at least 50% owned and controlled by Australian nationals or an Australian company, (3) a substantial amount of money/assets has been invested in the U.S. business or will imminently be invested, (4) the business is a for-profit company (non-profits/charities do not qualify), (5) the business will do more than just earn a living for you and your dependent family, it needs to have the capacity to employ U.S. workers, (5) you will serve as an active Manager/Executive for the U.S. business, and (6) 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 Australian Essential/Specialty Workers:

Australian nationals may be eligible for E-2 visas as “essential” or “specialty” workers if the the following basic elements are met: (1) the worker has a job offer from a U.S. business that matches their education and experience, (2) the worker is going to be paid 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) this worker is truly essential or specialized such that the U.S. business needs them and the position being offered could not instead by easily filled by a U.S. worker.

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 more information, you can visit the Consulate’s website at https://www.embassy-worldwide.com/embassy/consulate-general-of-united-states-in-sydney-australia/.

For a free assessment of whether you qualify for an E-2 visa, please e-mail us or call our office (1-312-803-0360).

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