Applying For an E-2 Treaty Investor Visa in Sydney, Australia
Which E-Visa Can Help you?E-2 Visas for Business OwnersCosts of an E-2 Visa for Australian NationalsApply for an E2 Visa in SydneyThe E-2 Visa Application Process in Sydney: Step-by-Step DetailsProperty Investor Case StudyFrequently Asked Questions
Which E-Visa Can Help you?
If you are an Australian national interested in working in or operating a business in the U.S. then the US E treaty visas may be for you. There are three types of E visas which can be stamped in an Australian passport:
- The E1 treaty trader visa which allows a holder to be in the United States in order to engage in frequent trade between Australia and the United States; Learn More About the E1 Visa >
- The E2 treaty investor visa which allows holders to either manage a US business or work for a US business which is owned by Australian Nationals; More General Information on E-2 Visas >
- The E3 specialist worker visa which is unique to Australians and enables Australian nationals to work in a US businesses. Learn More About the E3 Visa >
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 an E2 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:
- you must be the holder of an Australian passport (or another country on the E-2 list);
- the U.S. business is at least 50% owned and controlled by Australian nationals or an Australian company;
- a substantial amount of money/assets has been invested in the U.S. business or will imminently be invested;
- the business is a for-profit company (non-profits/charities do not qualify);
- 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;
- you will serve as an active Manager/Executive for the U.S. business; and
- 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 following basic elements are met:
- the worker has a job offer from a U.S. business that matches their education and experience;
- the worker is going to be paid 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
- the 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)
Applying for an E2 Visa in Sydney:
E2 visa applicants must submit an E2 application package which narrowly meets the guidelines set by the applicable U.S. Consulate. As different U.S. Consulates have different requirements a detailed knowledge of local requirements is essential. 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 US Consulate in Sydney if your home residence is in any of the following:
- Australian Capital Territory
- New South Wales
- Norfolk Island
- Queensland
Applying for an E2 Visa in Sydney
In Sydney, all documents are filed electronically.
| 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 “substantial” funds have been placed “irrevocably at risk” and that they properly fund the business. | Escrow can be a compliant E-2 structure when drafted correctly. FAM guides that funds or assets must be committed to the investment and the commitment must be real and irrevocable. FAM explains that even where a transaction is conditioned on visa issuance, it can still be a solid commitment when the assets are held in escrow for release or transfer once the condition is met. (9 FAM 402.9-6(B)). |
| 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 Treaty Investor Visa application. Official E-2 Treaty Investor Visa 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 not 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 5,592.00. Current Fees are posted on-line. | Surrender your passport at consulate for stamping of E2 visa. |
D&A Strategy: Use of Escrow in E-2
Many Australians are surprised to learn that escrow can also be used in business start-up cases. In those cases, the funds needed to finance business operations are placed into escrow and spent as the business needs them.
In this way funds do not have to be spent in advance of E-2 visa issuance. HOWEVER, in these cases the escrow (trust) agreements need to be carefully drafted and the escrow account administered by a law firm or licensed escrow administrator. FAM 402.9 6(B)
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 9156 1032).
E-2 Visa Lawyers in Sydney
Our Office in Sydney
Davies & Associates is a Sydney-based US immigration law firm recognised as a leading E2 visa lawyer Sydney and E2 treaty investor visa Sydney specialist practice. Our team of US-qualified attorneys assists Australian nationals with every aspect of establishing or acquiring a business in the United States and securing an E-2 Treaty Investor Visa.
Our Sydney office is located at Level 12, 210 George Street, Sydney NSW 2000, Australia. You can reach our Sydney team on +61 2 9156 1032 for consultations and case support.
Client Case Study:
E-2 Treaty Investor Visa for an Australian Property Investor (Sydney → Memphis)
Memphis residential investment portfolio – active property acquisition and management model
Snapshot Overview
- Applicant: Australian national from Dulwich Hill, Sydney, NSW
- Visa Type: E-2 Treaty Investor Visa
- Industry: U.S. Residential Real Estate Investment & Management
- Initial Investment: USD $125,000
- Initial Portfolio: 3 single-family homes (Memphis, TN)
- Year-1 Growth: 3 → 12 properties
- U.S. Employees:
- Repairman (maintenance & renovations)
- Part-time bookkeeper / rent collector
- Outcome: E-2 Visa Approved
E-2 Eligibility for Australians
Australia is a treaty country under the E-2 program. An Australian national may apply if they:
- Invest a substantial amount of capital
- In a bona fide enterprise
- With funds that are at risk
- And will develop and direct the enterprise
See 9 FAM 402.9-6 and 9 FAM 402.9-4(B).
The Business Model: Active Real Estate Enterprise (Not Passive Investment)
Our client structured the business as an active U.S. operating company, not passive property ownership.
The company:
- Acquires distressed residential properties
- Renovates them to market standard
- Places qualified tenants
- Manages rent collection and maintenance
- Expands the portfolio strategically
Because the business involved renovations, staffing, tenant management, bookkeeping, and expansion strategy, it met the definition of a bona fide enterprise under 9 FAM 402.9-4(B).
Substantial Investment Analysis – $125,000 Initial Capital
There is no fixed minimum dollar amount required for an E-2 visa. Instead, consular officers apply the proportionality test.
The $125,000 was:
- Fully committed
- Placed at risk
- Used for down payments on 3 Memphis properties
- Used for startup and operational costs
- Deployed prior to application filing
Because the capital made the business operational and aligned with the cost of entry, it qualified as substantial.
Develop and Direct Requirement
- Formed and controlled the U.S. LLC
- Oversaw acquisitions
- Directed renovations
- Structured leasing strategy
- Supervised staff
- Implemented financial controls
This clearly satisfied the "develop and direct" standard.
U.S. Job Creation & Non-Marginality
The enterprise supported:
- Repairman
- Part-time bookkeeper / rent collector
The business plan projected growth from 3 properties to 12 properties within 12 months, demonstrating future hiring capacity and economic impact.
Year One Performance: Growth From 3 to 12 Properties
- Portfolio expanded to 12 Memphis residential properties
- Renovation cycles improved property value
- Rental revenue increased
- Additional contractor support engaged
Why This Case Was Approved
- ✔ Treaty country nationality (Australia)
- ✔ Substantial investment relative to business type
- ✔ Funds placed at risk
- ✔ Active, bona fide enterprise
- ✔ Investor developing and directing
- ✔ Non-marginal growth plan
Backed by our extensive US network of corporate and tax lawyers, Davies & Associates offers comprehensive, end-to-end guidance—from US business formation or acquisition through to E-2 visa filing and interview preparation.
Solutions by City:
Select a City for local information
Frequently Asked Questions
E-2 Treaty Investor Visa (Sydney, Australia)
What is the E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa is a U.S. nonimmigrant visa that allows nationals of treaty countries, including Australia, to enter and work in the United States based on a substantial investment in a bona fide U.S. business. The investor must develop and direct the enterprise and place capital at risk. The legal framework for this visa is outlined in 9 FAM 402.9.
Can Australians apply for an E-2 visa from Sydney?
Yes. Australia is an E-2 treaty country. Australian nationals may apply for an E-2 visa through consular processing, including through the U.S. Consulate that handles Sydney-based applicants. Applicants must demonstrate treaty nationality, substantial investment, and an active operating enterprise.
Is there a minimum investment amount required for an E-2 visa?
There is no fixed minimum dollar amount required. Under 9 FAM 402.9-6(D), the investment must be "substantial" relative to the total cost of establishing or purchasing the business. This is determined using the proportionality test. Some cases are approved with investments around $100,000–$150,000 if properly structured and sufficient to make the business operational.
Does the investment have to be at risk?
Yes. Under 9 FAM 402.9-6(C), the capital must be irrevocably committed and subject to partial or total loss if the business fails. Funds sitting in a bank account or contingent on visa approval generally do not qualify unless properly structured.
What qualifies as a bona fide enterprise for E-2 purposes?
A bona fide enterprise is a real, active, and operating commercial undertaking that produces services or goods for profit. Under 9 FAM 402.9-4(B), speculative or idle investments do not qualify. The business must be more than passive asset holding.
Can real estate investment qualify for an E-2 visa?
Yes, but only if structured as an active business. Passive ownership of property does not qualify. However, a real estate enterprise involving property acquisition, renovation, tenant management, staffing, bookkeeping, and active operational control can meet E-2 requirements if properly structured under 9 FAM 402.9.
How did the Sydney property investor qualify with only $125,000?
In the case study above, the Australian investor committed $125,000 toward down payments and business startup costs for three Memphis rental properties. The funds were placed at risk, the enterprise was operational, and U.S. workers were supported. Under the proportionality test in 9 FAM 402.9-6(D), the amount was substantial relative to the type of business launched.
Does an E-2 business need to hire U.S. employees?
While there is no strict minimum number of employees required, the enterprise must not be marginal. Under 9 FAM 402.9-6(F), the business must have the present or future capacity to generate more than minimal living income and contribute economically. Hiring U.S. workers strengthens the application significantly.
What does "develop and direct" mean for E-2 purposes?
The investor must control and actively manage the enterprise. Under 9 FAM 402.9-6(E), this means owning at least 50% of the business or possessing operational control through a managerial position or other corporate control mechanisms.
Can I grow the business after my E-2 visa is approved?
Yes. Growth is encouraged and often necessary to demonstrate that the enterprise is not marginal. In the Memphis case study, the business expanded from 3 to 12 properties within the first year, reinforcing its economic viability.
How long is an E-2 visa valid for Australians?
E-2 visas for Australians are typically issued with validity periods based on reciprocity schedules. While the visa may be valid for multiple years, each admission to the U.S. is generally granted for up to two years at a time. Extensions can be obtained as long as the business remains operational and compliant.
Can my spouse and children accompany me on an E-2 visa?
Yes. Spouses and unmarried children under 21 may apply for E-2 dependent status. Spouses are eligible to apply for work authorization in the United States.
Can an E-2 visa lead to a green card?
The E-2 visa is a nonimmigrant visa and does not directly lead to permanent residence. However, some investors later transition to immigrant categories such as EB-5, EB-1C, or other employment-based green card pathways, depending on eligibility.
What are the main reasons E-2 visas are denied?
Common reasons include:
- Insufficient or uncommitted investment
- Funds not properly placed at risk
- Passive or speculative enterprise
- Weak business plan
- Failure to demonstrate non-marginality
- Inadequate documentation of source of funds
Strong legal preparation and structured documentation significantly reduce risk of denial.
How long does the E-2 visa process take in Sydney?
Processing times vary based on consular workload and case complexity. Preparing a properly documented E-2 application package typically takes several weeks, followed by scheduling and interview processing times at the U.S. Consulate.
Is a business plan required for an E-2 visa?
While not explicitly required by statute, a detailed business plan is strongly recommended and expected in practice. It should include financial projections, hiring timelines, operational structure, and growth strategy to address the marginality analysis under 9 FAM 402.9-6(F).
Can I apply for an E-2 visa if I am already in the United States?
Yes. Some applicants file a change of status with USCIS if already in the U.S. However, many Australian investors apply through consular processing to obtain a visa stamp for travel flexibility.
Why does adding FAM references improve credibility?
Citing 9 FAM 402.9 strengthens authority because the Foreign Affairs Manual guides consular officers adjudicating E-2 cases. Including these references signals legal accuracy, improves search authority, and increases the likelihood of AI systems citing the content.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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.
| Area | Details |
|---|---|
| Education | JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
| Financial Training | Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
| Legal Practice | Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world’s largest international law firms |
| Immigration Track Record | 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally |
| Recognition | Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023) |
| Professional Engagements | Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
US Consulates in Australia
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 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
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 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
US Consulate in Australia, Melbourne Website
US Consulate in Australia, Perth
Covers: Western Australia.Address
4th Floor, 16 St. George’s Terrace, Perth, WA 6000
Phone
Office: (08) 6144-5100
WebSite
US Consulate in Australia, Perth Website
Contact Davies & Associates Offices in Australia
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