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.
STARTING A BUSINESS IN THE UNITED STATES:
E-2 INVESTOR VISAS FOR AUSTRALIANS (GENERAL GUIDELINES)
Apply for an E-2 Visa in Sydney, AustraliaApply for an E-2 Visa in Melbourne, AustraliaApply for an E-2 Visa in Perth, AustraliaE2 Visa for Australian FAQsE2 Visa ProcessE2 Visa Renewal
Table of Contents
Executive Summary:
Who is an E-2 Visa For:
Australian nationals are eligible for E-2 treaty investor visas. If you are looking to purchase a business or start a new business in the U.S., this may be the right visa for you.
What does an E-2 Visa Allow an Australian Citizen to do?
You can obtain an E-2 visa to go to the U.S. to manage and control your business. An Australian-controlled business in the U.S. can also petition to bring over specialized Australian workers to work in the U.S. business.
E-2 Visa for Essential Australian Workers:
This page focuses on the E-2 visa for the investor/manager, for information about the E-2 visa for the specialized worker, please visit Bringing Over Australian Nationals to Work in your Australian-Owned US Business: the E-2 Essential Employee Visa.
D&A Tip: Why E-2 Is so Flexible
E-2 investment is extremely flexible. Did you know that:
- By using escrowed investment to place funds "at risk" our firm has structured hundreds of E-2 investments so that in the event of E-2 refusal funds can be returned. This is specially allowed by the FAM.
- Investment does not have to be cash. The consulates in Australia have determined inventory, equipment and even the right to use a brand as "investment".
How to Apply for an E-2 Visa in Australia
Overview
Australia has three U.S. consulates that conduct E-2 visa interviews: Sydney, Melbourne and Perth. For E-2 visas much of the processing is centralized in Sydney but because of the vast distances in Australia interviews are conducted in Perth, Melbourne and Sydney. E-2 visa interviews are not conducted in the U.S. Embassy in Canberra.
Why E-2 Visa Processing is Complicated in Australia
Things can appear complicated and confusing in Australia because many E-2 visa cases are forwarded to Sydney for processing but interviews are conducted locally. Sometimes E-2 visa applicants are instructed to forward their application to Sydney to later be contacted by the U.S. Consulate in Perth.
This page provides a brief overview of the E-2 Investor Visa for Australian Nationals and other ways to open a U.S. business.
For details on how to apply for an E-2 visa visit our pages on how to apply in Melbourne, Sydney and Perth.
Note that the U.S. Embassy in Canberra does not accept E-2 Visa applications and does not conduct interviews.
E-2 Application Procedures by U.S. Consulate in Australia
In Australia application procedures can vary according to the consulate involved.
Eligibility for an E-2 Visa to Manage Your U.S. Business:
To be eligible for an E2 visa to run your U.S. business, the following factors must be satisfied:
- You must be an Australian Citizen (you must have an Australian passport) or nationality from one of the other countries that are eligible for E-2 visas;
- The U.S. business is at least 50% owned and controlled by Australian nationals and you are one of the investors (or the U.S. company is at least 50% owned by an Australian company);
- You have “irrevocably” invested money and/or assets (which were under your possession and control) in the U.S. business or are actively in the process of investing;
- The U.S. business is a real and operating for-profit operation;
- The amount of money and assets invested in the business is “substantial”;
- The U.S. business will do more than simply provide an income for the investor and his family;
- You are going to the U.S. to be a Manager/Executive for the U.S. business (being a passive investor will not qualify you);
- You intend to leave the US after your E-2 status expires.
For a free assessment of whether you qualify for an E-2 visa, please e-mail us or call our office (+61 2 9156 1032). You can also contact our E-2 visa lawyers and U.S. immigration lawyers in Australia for more information.
What Businesses Qualify for E-2 Visas: Australian Case Studies
Australian investors often ask what types of businesses are most suitable for an E-2 treaty investor visa. Many industries can qualify, provided the enterprise is real, active, non-marginal, and supported by a credible investment and business plan.
Below are representative examples of the types of Australian E-2 matters we commonly handle. These examples are anonymized and provided for educational purposes. Outcomes depend on the facts of each case and consular discretion.
Case Study 1 (Traditional Expenditure): Australian Hospitality Operator Expanding into the United States
Specialty café in Philadelphia
An Australian entrepreneur established a specialty café and food concept in the United States, building on an existing hospitality track record.
Investment profile
Funds were committed and spent prior to filing, including a commercial lease, fit out costs, equipment purchases, and initial staffing.
Key E-2 strengths
The business was operational, not speculative, with clear revenue assumptions and a hiring plan showing growth beyond supporting only the investor.
Practical takeaway
Hospitality businesses can be excellent E-2 vehicles when the investment is substantial, documented, and paired with realistic U.S. expansion planning.
Case Study 2 (Escrow Funding): Melbourne Founder Launching a U.S. Specialty Food Import and Distribution Business
Food Products Importer in New York
An Australian investor formed a U.S. company to import and distribute premium Australian food products into U.S. grocery and hospitality markets.
Investment profile
The applicant demonstrated an irrevocable commitment of funds by placing funds in escrow sufficient to pay for: executed supplier contracts, contracted inventory purchases, proposed warehousing arrangements, and logistics infrastructure.
The funds were kept in escrow until the case was approved.
Key E-2 strengths
Strong source-of-funds tracing from Australia and a detailed business plan tied to real commercial activity.
Practical takeaway
Import and distribution enterprises are viable E-2 businesses when they are active, properly capitalized, and supported by credible contracts and operations.
By placing the funds in escrow they became “irrevocably committed” to the business but could be returned to the investor in the event that his E-2 visa was refused.
Case Study 3 (Non-Cash Investment and E-3 Worker): Australian AgTech Entrepreneur Scaling into the U.S. Market
Agricultural Technology in Miami
An Australian founder launched a U.S. entity to commercialize their Australia-developed agricultural technology services for American producers.
Investment profile
| Investment Component | Value (USD) |
|---|---|
| Value of agricultural technology licensed to U.S. entity | $1,100,000 |
| Cash for starting a small office | $34,785 |
Key E-2 strengths
The business plan demonstrated strong U.S. demand and a credible expansion trajectory with job creation potential.
Additional Worker as an E-3 Worker
While the owner of the business obtained an E-2 visa, for technical reasons an E-2 essential employee visa was not appropriate for a key worker.
The key worker obtained an E-3 visa.
Practical takeaway
Investment does not have to be cash.
Innovative and technology-driven enterprises can qualify for E-2 visas when the investment is real, the company is operational, and the plan is commercially grounded.
Case Study 4 (Escrow Funding): Perth-Based IT Founder Opens Small IT Consulting Practice in Houston
IT Consulting Business in Houston, TX
A Perth-based consulting business expanded into the United States to serve clients with cross-border commercial needs.
Investment profile
The E-2 investment included office premises, business development costs, operational infrastructure, and early hiring projections.
Key E-2 strengths
The applicant held a controlling ownership stake and entered the U.S. to direct and develop the enterprise.
Practical takeaway
Service businesses can qualify for E-2 visas, but must show more than a “one-person consultancy.” A credible growth and staffing plan is essential.
E-2 vs E-3 Visas for Australians: Which Should You Use?
Australians are in a rare and advantageous position because they may qualify for both the E-2 Treaty Investor visa and the E-3 Specialty Occupation visa.
Although these visas serve very different purposes, in some cases a business and its principals may use both at different stages of U.S. expansion.
The E-2 Visa: For Owners and Investors Building a U.S. Business
The E-2 visa is designed for an Australian national who is:
- investing substantial capital into a U.S. business
- coming to the United States to direct and develop that enterprise
- assuming an ownership or executive role in the company
E-2 is often the best option when the Australian applicant is a founder, principal investor, or controlling owner.
Typical E-2 use cases include:
- starting a U.S. subsidiary of an Australian company
- opening a hospitality, retail, or services business
- acquiring and expanding an existing U.S. enterprise
- building an operational business with employees and growth potential
The E-3 Visa: For Australian Professionals Working in a Specialty Occupation
The E-3 visa is unique to Australians and is designed for:
- employees (not investors)
- working in a professional “specialty occupation” role
- requiring at least a bachelor’s degree or equivalent
E-3 is often a strong option when the Australian applicant is:
- being hired by a U.S. company
- working as a professional employee rather than an owner
- entering the U.S. labor market without making a qualifying investment
Typical E-3 roles include:
- engineers
- software developers
- accountants
- architects
- business specialists in degree-related positions
Key Differences Between E-2 and E-3
| Feature | E-2 Treaty Investor | E-3 Specialty Occupation |
|---|---|---|
| Primary purpose | Own and operate a business | Work in a professional job |
| Investment required | Yes, substantial and at risk | No investment required |
| Employer relationship | Applicant is the owner or executive | Applicant is an employee |
| Degree requirement | No formal degree requirement | Specialty occupation degree required |
| Best for | Founders, investors, entrepreneurs | Professionals hired into U.S. roles |
When Should an Australian Use E-2 vs E-3?
An Australian may consider E-2 when:
- they are investing meaningful capital
- they want to own and control the business
- they are building a long-term enterprise in the U.S.
An Australian may consider E-3 when:
- they have a degree and a qualifying professional role
- they are joining a U.S. employer rather than investing
- they want a simpler entry route without an investment threshold
Can a Business Use Both E-2 and E-3?
In some cases, yes.
A single Australian-founded business may use both visa categories strategically:
- The founder or principal investor may enter on an E-2 visa to direct and develop the enterprise
- The same company may later sponsor additional Australian professional hires on E-3 visas, provided the roles qualify as specialty occupations
For example:
- An Australian investor establishes a U.S. food distribution company on an E-2 visa.
- As the business grows, the company may hire an Australian-qualified supply chain analyst or operations manager on an E-3 visa.
This combination can be an effective workforce and expansion strategy for Australian companies entering the U.S. market.
Choosing the Right Path
The best visa strategy depends on:
- the applicant’s ownership stake
- the level and timing of investment
- whether the role is truly professional in nature
- the long-term structure of the U.S. enterprise
We regularly advise Australian founders and businesses on whether E-2, E-3, or a combination of both provides the strongest and most sustainable route into the United States.
E-2 Visa for Australian FAQs
My U.S. Business is Not 100% Owned by Australian Citizens, Am I Still Eligible for the E-2 Visa?
Australians must own at least 50% of the U.S. business. This can be shown by stock certificates or corporate formation documents. Also, if the U.S. company is majority owned by an Australian-owned company, that will also satisfy the rule. In the case of large public corporations, the location of the stock exchange where it is traded is usually used as evidence of the nationality of the company.
Of note, if your business is a joint venture or equal 50/50 partnership between you and someone with another nationality that is also on the treaty list it is possible for both you and your partner to obtain E-2 visas to go to the U.S. and run the business. And in that scenario, the business would be classified as owned by both treaty countries and you could potentially bring over “essential” workers of both nationalities to work in your U.S. business.
If you have a complicated corporate ownership structure, you can e-mail us or call our office (+61 2 9156 1032) to discuss whether it will satisfy the rule.
I am a Dual Citizen and My Other Country of Citizenship is Not One of the Countries on the List of Countries Eligible for E-2 Visas, Can I Still Obtain an E-2 Visa?
Yes. You can elect to apply under any nationality that you hold. So if you elect to apply as an Australian, in addition to complying with all the requirements listed above, it means you need to always use your Australian passport when entering the U.S. on E-2 status.
I Have Money in a Bank Account in the U.S., Can I Use That As the Investment Money?
Yes. The investment funds do not need to be located in Australia prior to investment.
Can I Take Out a Loan to Get the Investment Money?
You must have control of the investment money for it to qualify you for an E-2 visa. For example, money you have in a savings account, that you inherited, that was gifted to you, etc. would all satisfy the requirement. However, inheriting a business does not qualify. So a loan could qualify if it is secured by your personal assets; but loans secured by the assets of the U.S. business would NOT qualify.
What Does it Mean that it is Required that my Investment Funds be “Irrevocably Committed” to the U.S. Business?
This is an area where many E-2 applications fail. Having all or a majority of your investment money sitting in a business bank account where it can simply be withdrawn will NOT typically satisfy this requirement. We have helped many clients structure their cash investments in such a way that they pass the “irrevocably committed” test.
I Only Want to Buy the U.S. Business if I am Going to Get the E-2 Visa, Can I Get the Visa First and Then Buy the Business?
Not exactly. You must already be in the process of investing the money or be actually invested in order to qualify for the E-2. HOWEVER, if you are purchasing a business you can enter into a purchase agreement that is contingent on the issuance of an E-2 visa and you can put the purchase money in an escrow account that will only be released to the seller if you are granted the visa. It is important to structure this purchase agreement and escrow account properly so that the U.S. consular officer is convinced that your investment is real and not just a future intent to invest in the U.S.
How Much Money Do I Need to Invest to Qualify?
The law does not specify a specific dollar amount for a qualifying E-2 investment, it simply requires that it be “substantial”. Keep in mind, the fair market value of goods or equipment purchased by or transferred to your U.S. business may count as part of the investment. Also, what is “substantial” varies depending on what type of business you are starting. For example, if you are opening a factory your investment amount would reasonably need to be higher than if you are starting an IT consulting business.
You can e-mail us or call our office (+61 2 9156 1032) for a free assessment of whether the cash and assets you plan to invest in your U.S. business are likely to satisfy the E-2 visa requirements.
How do I Apply for an E-2 visa?
The application is either (1) sent to the E Visa Unit at a U.S. Consulate in Australia or (2) in some circumstances you can apply to USCIS while you are in the U.S.
For option 1, we prepare the visa application package (which is usually hundreds of pages in length) for our clients in the style/order that is preferred by the E Visa Unit. We then submit the application to the investor visa desk at the appropriate Consulate in Australia. Then the U.S. Consulate will do an initial review of the application within 10 business days and contact you with an interview date. Then you will have an interview with an officer from the investor visa unit. Those interviews generally include detailed questions about the visa applicant’s qualifications and the plans for the U.S. business. Lawyers are not permitted to attend these interviews, but we prepare our clients for the interview. It can take the Consulate up to four weeks after your interview to make a decision about whether your visa will be granted, though typically the decisions are made much more quickly.
The location of your interview will depend on where your residence is in Australia:
| Your Residence | U.S. Consulate That Will Process Your E-2 Application |
|---|---|
| Australian Capital Territory | U.S. Consulate in Sydney |
| New South Wales | U.S. Consulate in Sydney |
| Norfolk Island | U.S. Consulate in Sydney |
| Queensland | U.S. Consulate in Sydney |
| Northern Territory | U.S. Consulate in Melbourne |
| South Australia | U.S. Consulate in Melbourne |
| Tasmania | U.S. Consulate in Melbourne |
| Victoria | U.S. Consulate in Melbourne |
| Western Australia | U.S. Consulate in Perth |
For option 2, we submit the application package to the appropriate USCIS office in the U.S. Of note, not everyone is eligible to do a “change of status” application and the processing time for USCIS to make a decision on your application is typically 2 to 3 months. You cannot start running your business until the application is officially approved. And this is a “change of status” and would require that you visit a U.S. Consulate abroad the next time you leave the U.S. to have the E-2 interview and receive the actual E-2 visa in your passport. So, in many circumstances, it makes the most sense to simply apply to the U.S. Consulate in the first instance.
Do I Need to Prepare a Business Plan?
Yes, your application must include a business plan which incorporates 5 years of detailed financial projections. We believe that the business plan is perhaps the most important element of the application package because part of what the U.S. consular office is deciding is whether your U.S. business has the potential for success and job creation in the U.S. Therefore, we work with an outside team of financial experts who specialize in the creation of business plans for individuals who are seeking a visa related to the new company. Our clients, the attorneys in our business immigration unit, and this team of financial experts work together to craft the strongest business plan possible.
How Long is the E-2 Visa Valid?
The length of the visa can be any amount of time up to 4 years, and you can apply for renewals indefinitely. The U.S. consular officer or USCIS adjudicator has discretion to award the visa for a shorter amount of time and will do so if they want to check in on the functioning of your business sooner than 4 years in the future. This is one of the reasons that a strong business plan demonstrating the potential viability of your business is essential for a strong application.
Can My Spouse Accompany Me and Work in the USA?
Yes. Unlike with other visa types, the spouse of an E-2 visa holder may accompany the E-2 visa holder and apply for an Employment Authorization Document that allows them to work anywhere in the U.S.
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
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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