Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed with the SRA (SRA ID: 384468) in the UK, member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
EB-5 Visa for Australians: U.S. Green Card Through Investment
EB-5 Visa OverviewEB-5 RequirementsEB-5 ProcessEB-5 Costs & FeesAustralia Practice Team
Key Takeaways for Australian EB-5 Investors
- The EB-5 visa allows Australian investors and their immediate family to obtain U.S. permanent residency through a qualifying investment.
- The required investment is $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in other locations.
- The investment must create at least 10 full-time jobs for U.S. workers.
- The investor, spouse, and unmarried children under 21 can receive green cards through the same EB-5 application.
- Australians generally do not face EB-5 visa backlogs, which can make the overall immigration timeline shorter than for investors from some other countries.
- Investors may choose between direct EB-5 investments in their own business or regional center investments in approved development projects.
- The EB-5 program provides a path to permanent residency and eventually U.S. citizenship if eligibility requirements are met.
Permanent Residency (Green Card) Option for Australian Nationals
One of the fastest routes to permanent residency is through an EB-5 visa. If your application is approved, you, your spouse and any children under the age of 21 will receive a 2 year conditional permanent residency. After 2 years, you lodge an application to show that your investment did indeed end up complying with the legal requirements and thus you are eligible for "regular" permanent residency.
General Description of the EB-5 Requirements
To satisfy the EB-5 requirements, you must invest in a new commercial for-profit enterprise that will result in the creation of (or, in some instances, the preservation of) 10 or more full-time jobs for U.S. workers. Currently, the general minimum amount of the capital investment is $1,050,000 USD. However, that minimum requirement is reduced to $800,000 USD for investments made in areas that the government defines as Targeted Employment Areas. The evidence submitted with your application must prove that the invested money was obtained through lawful means.
Individuals may structure the investment themselves or through a Regional Center. A Regional Center is an entity that has been approved by U.S. Citizenship and Immigration Services ("USCIS") as a qualified entity through which EB-5 investments may be made.
Direct Vs. Regional Center EB-5
Direct Investment Option
If majority operational control over your business is important to you, direct investment may be your best option. You can move a business to the U.S., build a new one, rescue a troubled one, or purchase an existing one. Another common way to structure this is to invest the requisite amount of money and then act on the Board of Directors of the company (without the need for a daily management function).
A solid written Business Plan that presents a viable commercial enterprise that will satisfy the EB-5 requirements is crucial to the success of an EB-5 petition. We work with a team of specialized financial experts to create these business plans for our clients.
Regional Center Investment Option
EB-5 Requirements for Australian Applicants
If you prefer a more passive role in your investments, investing through a Regional Center may be the best option for you. Regional Centers are designed to pool the investments of multiple individuals into a single project. While you will have some decision-making power with the life of the investment, the Regional Center will take much of the responsibility for running the business and making sure the investment complies with the EB-5 requirements.
Many Regional Centers offer investment opportunities that meet the USCIS definition of Targeted Employment Area and thus only require the reduced $800,000 USD investment minimum.
Only certified investment advisors can legally provide you counsel about what investment to choose. However, we do introduce our clients to different Regional Centers that we know to have good track records of success and we will evaluate the deal documents for any investment you choose to make sure it will comply with the immigration laws.
Source of Your Investment Funds
One of the most important parts of your EB-5 application package is voluminous evidence showing the source of your $800,000 or $1,050,000 investment. In essence, you need to track each of those dollars from the time they are invested back to the point at which they were earned lawfully. For example, if you earned your money as salary and bonuses from a job, you would show past tax returns, employment contracts, payroll documents, etc. Other examples are earnings from the sale of stocks or property, inheritances and gifts—these examples all require that you go back one step further, for example how you earned the money to initially purchase the stock or how the person gifted you money earned that money.
USCIS commonly delays or denies applications because the source of funds is not properly documented. We work very closely with our clients to make sure we put in the strongest documentary evidence possible. To date, we have never had an EB-5 application denied.
Creation of 10 New U.S. Jobs
Your investment dollars must create 10 new full-time U.S. jobs (and in some cases saving U.S. jobs will qualify). While the strongest applications have already created these 10 jobs at the time of submission, you can also submit an application with a strong business plan that shows credible projections to create those full-time positions in a reasonable amount of time (2-3 years).
If you are doing a direct investment, those 10 full-time positions need to be employed within the new commercial enterprise. One benefit of investing through a Regional Center is that the law allows them to use economic models and count "indirect" jobs created by your investment dollars, meaning they are not directly employed by the enterprise you invested in but your investment tangentially created the need for these full-time positions. The reputable Regional Centers will provide a report from an economist that analyses the direct and indirect jobs that will be created and attests that at least 10 jobs will be created by your investment dollars.
Can I Work At Other Companies if I Receive an EB-5 Green Card?
Yes. Your green card (even the conditional green card given during the first 2 years) and your spouse's green card allow you to work at any U.S. employer. So it is common for people to invest through a Regional Center and then enter the U.S. and seek daily employment at a U.S. employer or start a small business of their own.
I Do Not Have $800,000 USD to Invest, Are there Other Options?
There is a temporary visa "version" of the EB-5 called the E-2 treaty investor visa that Australian nationals are eligible for. There is no legal minimum requirement for how much you need to invest to qualify, though the law says it must be "substantial" and $100,000 USD is an amount that is often considered to be substantial.
If you are an Executive or Manager for a business in Australia (or anywhere outside the U.S.), you may be eligible for an L-1A visa that would allow you to move to the U.S. to lead the start-up of a new company that has a qualifying relationship to the continuing business in Australia (or wherever it is located). After being in the U.S., people holding this visa often apply for permanent residency based on this position (EB-1C).
You can e-mail us or call our office (1-312-803-0360) to discuss your investment options.
Katanning, Western Australia Case Study: From E-2 Visa to EB-5 Eligibility
A strong example for Australian investors comes from our Perth E-2 page, which features a Katanning-based lamb exporter from the Great Southern region of Western Australia expanding into the United States through an E-2 investment structure. The case is especially relevant to EB-5 planning because it shows how an Australian business owner can enter the U.S. market through an operating business, grow that enterprise over time, and create the employment base required for an EB-5 petition.
Australian Lamb Exporter from Katanning Expands into the United States
The original business was based in Katanning, Western Australia, in the Great Southern agricultural region. That local detail matters because it ties the case to a real export business from a part of Australia closely associated with sheep farming, lamb processing, and agricultural supply chains.
For search visibility, it also strengthens relevance for users looking for U.S. investor visa options from Katanning, Perth, Western Australia, and the Great Southern region.
The Original E-2 Investment Structure
As described on the Perth E-2 page, the Australian company entered the U.S. market by acquiring a small wholesale meat distribution business in California.
The E-2 investment was structured as:
- $37,000 in cash invested into the U.S. entity
- $279,000 in frozen lamb inventory contributed for resale
This produced a total qualifying E-2 investment of approximately $316,000 and created an active U.S. operating business with inventory, distribution capability, and immediate commercial activity.
📖 Read the Original Perth E-2 Case Study
How the Business Grew into an EB-5 Case
Over time the U.S. enterprise expanded its wholesale distribution network, increased customer accounts, and hired staff to support logistics, compliance, operations, and sales.
Under the EB-5 immigrant investor program, the investor must show:
- investment in a new commercial enterprise, and
- the creation of at least 10 full-time jobs for U.S. workers
USCIS explains that full-time employment generally means a position requiring at least 35 hours per week, a definition also reflected in 8 CFR §204.6.
USCIS Policy Manual: Volume 6, Part G
Ten Full-Time U.S. Jobs Created by the Enterprise
As the U.S. wholesale meat distribution business expanded, the enterprise created full-time operational positions:
- General Manager
- Operations Manager
- Finance and Compliance Coordinator
- Warehouse Supervisor
- Cold Chain Logistics Coordinator
- Inventory Control Specialist
- Shipping and Receiving Clerk
- Regional Sales Executive (1 of 4)
- Regional Sales Executive (2 of 4)
- Regional Sales Executive (3 of 4)
- Regional Sales Executive (4 of 4)
- Business Development Manager
- Customer Accounts Manager
These roles supported the company's wholesale import operations, cold chain logistics, distribution infrastructure, and commercial sales network within the United States.
Why This Is Often Called a "Cashless EB-5"
Cases like this are often described as a cashless EB-5.
The phrase does not mean that there was no investment. Instead, it refers to situations where the capital already committed to building and expanding a real U.S. business can be documented as the EB-5 investment.
Inventory and Equipment as EB-5 Investment
Rather than launching a completely new project, the investor may rely on the capital already deployed in the enterprise together with the jobs created by the operating business.
Investment Must be "At Risk"
USCIS evaluates these cases by examining whether the investor's capital is at risk, invested in the enterprise, and tied to qualifying job creation.
USCIS Policy Manual reference: Volume 6, Part G
Why the E-2 Business Plan Must Be Matter of Ho Compliant
This case also shows why E-2 business plans should be prepared with future EB-5 eligibility in mind.
USCIS relies on the precedent decision Matter of Ho, 22 I&N Dec. 206 (AAO 1998) when evaluating whether a business plan is sufficiently detailed and credible in the EB-5 context.
A Matter of Ho compliant plan should include:
- a detailed description of the enterprise
- market and industry analysis
- staffing structure and hiring timeline
- financial projections and capital deployment
- a credible explanation of job creation
Preparing an E-2 business plan to Matter of Ho standards from the beginning can make it far easier to transition from an E-2 investment to an EB-5 petition if the business grows successfully.
Why This Matters for Australian EB-5 Investors
For entrepreneurs from Katanning, Perth, Albany, Bunbury, and wider Western Australia, this case study shows how an E-2 investor visa can become part of a longer-term U.S. immigration strategy.
When an E-2 business is structured properly, grows over time, and creates the required U.S. jobs, the same enterprise may later support an EB-5 immigrant investor petition leading to U.S. permanent residency.
Frequently Asked Questions About the EB-5 Visa for Australians
Can Australian investors qualify for the EB-5 visa?
Yes. Australian citizens are fully eligible for the EB-5 immigrant investor program, which provides a pathway to U.S. permanent residency through investment in a U.S. business that creates jobs.
To qualify, the investor must:
- invest the required capital in a new commercial enterprise
- demonstrate that the capital is lawfully sourced and placed at risk
- create at least 10 full-time jobs for U.S. workers
These requirements are explained in the USCIS Policy Manual for the EB-5 program and the implementing regulations at 8 CFR §204.6.
How much must Australians invest for an EB-5 visa?
Most EB-5 investments require either:
- $800,000 in a Targeted Employment Area (TEA), or
- $1,050,000 in other locations.
The investment must be made in a U.S. commercial enterprise that creates jobs for U.S. workers.
In some cases, however, the qualifying capital may consist of funds already invested in a growing U.S. business, rather than a completely new project.
Can an E-2 visa business become an EB-5 investment?
Yes. A successful E-2 investor visa business can sometimes be used as the foundation for an EB-5 petition if the enterprise grows and meets the EB-5 requirements.
The investor must demonstrate that:
- sufficient capital has been invested in the enterprise
- the business is a qualifying new commercial enterprise
- the company creates at least 10 full-time U.S. jobs
This strategy is sometimes described as converting an E-2 business into an EB-5 investment.
What is an example of an Australian E-2 business growing into an EB-5 case?
One example comes from a Katanning-based lamb exporter in Western Australia that expanded into the United States through an E-2 investment.
The company entered the U.S. market by acquiring a wholesale meat distribution business in California and investing $316,000 in capital and inventory to establish the U.S. enterprise.
As the business expanded its distribution operations and customer base, it created ten full-time jobs for U.S. workers, allowing the enterprise to meet the core job-creation requirement of the EB-5 program.
You can read the original E-2 case study here: Perth E-2 Treaty Investor Visa
What jobs must be created for EB-5?
Under EB-5 rules, the investment must create 10 full-time jobs for qualifying U.S. workers.
Full-time employment generally means a position requiring at least 35 working hours per week, as defined in 8 CFR §204.6.
In an operating business, these jobs often include positions in management, operations, logistics, sales, and administration.
In the Katanning agribusiness example, the U.S. company created positions including:
- general manager
- operations manager
- compliance and finance staff
- warehouse and logistics personnel
- sales and customer account managers
These roles supported the company's wholesale import and distribution operations.
What is a "cashless EB-5"?
A cashless EB-5 refers to a situation where the investor does not need to make a completely new lump-sum investment at the time of the EB-5 petition.
Instead, the capital already invested into building and growing a U.S. business may count toward the EB-5 investment requirement if it can be documented and if the enterprise creates the required jobs.
USCIS evaluates whether the investor's capital was placed at risk in the enterprise and whether it resulted in qualifying employment creation.
Why does the business plan matter for EB-5?
USCIS evaluates EB-5 business plans under the standards established in Matter of Ho, a precedent immigration decision.
A Matter of Ho compliant business plan must explain:
- the business model and operations
- market and industry analysis
- staffing structure and hiring plan
- financial projections and capital investment
- how the enterprise will create jobs
Preparing an E-2 business plan to Matter of Ho standards can make it easier to convert a successful E-2 enterprise into an EB-5 investment later.
Do Australians face EB-5 visa backlogs?
Currently, Australian EB-5 investors generally do not face the visa backlogs that affect applicants from some countries.
This can allow Australian investors to proceed through the EB-5 process more quickly once their petition is approved.
Can the EB-5 visa lead to U.S. citizenship?
Yes. The EB-5 visa leads to lawful permanent residence (a green card).
After maintaining permanent residency and meeting the required residency period, investors and their families may eventually apply for U.S. citizenship through naturalization.
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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