E-2 Visa for Australians

As an Australian entrepreneur with dreams of expanding your horizons and investing in the United States, the E-2 Investor Visa might just be the perfect fit for you. This non-immigrant visa offers an opportunity to invest in a business venture in the US and oversee its operations. This guide will walk you through the intricacies of the E-2 visa from an Australian perspective, exploring its requirements, benefits, and the application process.

Understanding the E-2 Investor Visa

The E-2 Investor Visa is designed for individuals from treaty countries, such as Australia, who wish to invest a substantial amount of capital in a US enterprise. It permits the visa holder to live and work in the US to direct and develop the enterprise. This visa can be extended indefinitely, as long as the investor continues to run the business.

Key Requirements of the E-2 Visa for Australian Entrepreneurs

Before applying, it’s crucial to understand the key requirements:

Substantial Investment: The investment must be substantial relative to the total cost of the enterprise. While there’s no set minimum, the investment should be sufficient to ensure the investor’s commitment to the success of the enterprise.

Control of Funds and At-Risk Investment: The funds invested must be under the control of the investor, and they should be subject to partial or total loss if the enterprise fails, proving the investment is ‘at risk.’

Enterprise is Not Marginal: The enterprise must not merely provide a living for the investor and their family but should have a significant economic impact in the United States. A strong indicator of this is the capacity for creating jobs.

The Power of Job Creation

Although the E-2 visa law does not explicitly require job creation, generating meaningful employment opportunities is a convincing way to demonstrate that your business is not marginal. Creating positions that offer a livable wage, involve full-time hours, and potential for growth are seen as more impactful than creating part-time or low-paying jobs.

Application Process for Australian Entrepreneurs

Once you’ve identified a suitable business opportunity and made your investment, you can begin the E-2 visa application process. Australians can apply directly at the U.S. Consulate in Sydney, Melbourne, or Perth, or if you are currently in the U.S. under a lawful visa status, you may be eligible to apply for a change of status directly in the U.S. with the U.S. Citizenship and Immigration Services (USCIS).

You will need to compile a comprehensive application package which includes proof of your Australian citizenship, detailed evidence of your investment, qualifying fund source(s), details of the business operation, and a robust business plan.

Considering the complexities of the process, it’s advisable to engage the services of an experienced immigration attorney to guide you.

The E-2 Investor Visa presents an exciting opportunity for Australian entrepreneurs seeking to make a substantial economic contribution in the U.S. By understanding its requirements, particularly the importance of a substantial investment and meaningful job creation, you can pave the way towards fulfilling your American entrepreneurial dream.

Please note: This article is for informational purposes only and should not be considered legal advice. Always consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.