E-2 Treaty Investor Visa FAQ: Melbourne

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E-2 Treaty Investor Visa FAQ: Melbourne

Last Updated:	September 2026 Updated Melbourne E2 visa FAQ
Written by:	*Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Carey Law School. Ga. Bar License #: 283816, AILA Member, SRA ID: #384468.*
Reviewed by:	*Sukanya Raman, Esq., Managing Attorney Davies & Associates, India*

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What is Frequently Asked Questions: E-2 Visas in Melbourne?

Can Australian Citizens Apply for an E-2 Visa in Melbourne?

Yes. Australia maintains a qualifying treaty with the United States. Investors from Melbourne, Victoria, and across Australia can apply at the U.S. Consulate for an E-2 visa to develop and direct a U.S. business.

What is a "Substantial Investment" for Melbourne Applicants?

While there is no fixed minimum, the investment must be "substantial" relative to the business type (9 FAM 402.9-6). For many Melbourne startups and tech firms, we focus on proving the investment is sufficient to ensure successful operations.

How does Intellectual Property (IP) factor into an E-2 Application?

Melbourne tech and biotech firms often use IP as part of their investment. Under 9 FAM 402.9-6(C), transferred or licensed IP can count as an asset, provided it is properly valued and legally assigned to the U.S. entity.

Read our Melbourne Biotech IP Case Study

What is the current E-2 Visa Validity for Australians?

Typically, E-2 visas for Australian nationals are issued for up to 4 or 5 years and can be renewed indefinitely, provided the business continues to meet requirements.

Do I need to hire U.S. workers immediately?

The business must not be "marginal" (9 FAM 402.9-6(E)). While you don’t need a large staff on day one, your Melbourne-prepared business plan must show the capacity to hire U.S. workers within five years.

Melbourne-Based E-2 Strategy: Our team specialized in assisting Victorian entrepreneurs with U.S. market entry. Contact our US immigration lawyers in Australia at +61 2 9156 1032 for a strategy session.

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I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E-2 visa. The most important thing is a good team behind you. With Davies & Associates, you're in safe hands... you need someone who can support you on the ground and, again, you are well taken care of by D&A. The people are really warm, very helpful and quite open-minded when it comes to business... Not to mention as a passport it's great from a travel perspective... It's just 4 to 5 hours from New York.

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The entire process of getting an EB-5 visa is handled in a professional way by Mark Davies and his team. EB-5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H-1B route for my children, but it became unreliable and so I looked to the EB-5 visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.

Parent of 2 EB-5 visa holders

I'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.

L-1B Visa Holder

Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.

E2 Visa for Small Professional Business With International Offices

Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.

Complex Fiancée Visa Need Involving Multiple International Jurisdictions

Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.

Individual Seeking 'Impossible' TN Visa

I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.

Doctor Seeking J1 Visa Waiver

I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.

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E-2 Treaty Investor Visa FAQ: Melbourne

E-2 Treaty Investor Visa FAQ: Melbourne

What is Frequently Asked Questions: E-2 Visas in Melbourne?

Latest case studies

Contact Davies & Associates Offices in United States

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Looking to relocate or having trouble with a visa application?