E2 Visa for Australians | Global Immigration Partners

October 12, 2023

Introduction

The E2 visa is a non-immigrant visa that allows individuals from certain countries to live and work in the United States. This visa category is specifically designed for treaty investors, or individuals who are investing a substantial amount of capital in a U.S. business. One of the countries eligible for the E2 visa is Australia. In this article, we will delve deeper into the E2 visa requirements for Australians, provide a comprehensive guide on how to obtain this visa and discuss the benefits and potential challenges associated with this visa category.

E2 Visa Requirements for Australians

To be eligible for an E2 visa as an Australian citizen, you must meet certain requirements. These requirements are designed to ensure that the visa is granted to individuals who are genuinely investing in the U.S. economy and intend to contribute to its growth.

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Here are the key requirements:

1. Treaty Investor

The E2 visa is specifically designed for individuals who are considered treaty investors. This means that you must be investing a substantial amount of capital in a U.S. business. The investment must be active and at risk, meaning you cannot simply purchase a property and expect to qualify for the E2 visa. The business must be a real, operating enterprise that produces goods or services for profit.

2. Australian Citizenship

As an Australian citizen, you must hold a valid Australian passport to apply for the E2 visa. You must also be residing in Australia at the time of application. This requirement is in place to ensure that the visa is granted to individuals who have a genuine connection to Australia and intend to maintain that connection.

3. Ownership or Control

To qualify for the E2 visa, you must either own or have control over the U.S. business in which you are investing. This can be demonstrated through ownership of at least 50% of the business or through a managerial or executive role in the company. This requirement is designed to ensure that the visa holder has a significant stake in the success of the business and is actively involved in its operations.

4. Substantial Investment

The investment you make in the U.S. business must be substantial. While there is no specific minimum investment amount required, it is generally recommended to invest a significant amount of capital. The investment should be enough to ensure the success and growth of the business. The U.S. government does not provide a specific dollar figure, but the investment must be sufficient to establish a viable enterprise.

5. Source of Funds

You must be able to demonstrate the legitimate source of the funds used for the investment. This is to ensure that the funds are not derived from illegal activities. You may be required to provide bank statements, tax returns, or other financial documents to prove the source of your investment funds.

6. Intent to Depart

The E2 visa is a non-immigrant visa, which means that you must have the intent to depart the United States once your E2 status expires. You must demonstrate that you have strong ties to your home country and that you do not intend to permanently reside in the United States. This can be shown through evidence of property ownership, family ties, or a job in Australia.

How to Apply for an E2 Visa

Now that you are familiar with the E2 visa requirements for Australians, let’s discuss the application process. The process can be complex and time-consuming, but with careful preparation and attention to detail, you can increase your chances of success.

How to apply

Here is a step-by-step guide on how to apply for an E2 visa:

1. Prepare the Required Documents

Before you can apply for an E2 visa, you must gather all the necessary documents. These documents serve as evidence that you meet the E2 visa requirements. They include:

Valid Australian passport
Evidence of your substantial investment in the U.S. business, such as purchase agreements, financial statements, or bank transfers
Business plan outlining the details of your investment and the projected growth of the business
Proof of ownership or control over the U.S. business, such as share certificates or a letter from the company’s board of directors
Bank statements or other financial documents to demonstrate the source of funds

2. Complete the Online Application Form

Once you have gathered all the required documents, you can proceed to complete the online application form. The form, known as DS-160, will ask for personal information, details about your investment, and your intended length of stay in the United States. It is important to answer all questions honestly and accurately.

3. Pay the Application Fee

After completing the online application form, you will need to pay the required application fee. The fee is non-refundable, even if your visa application is denied. The current fee for the E2 visa is $205, but it is subject to change, so it’s important to check the latest fee on the U.S. Department of State’s website.

4. Schedule and Attend the Visa Interview

Once your application and fee have been processed, you will be able to schedule a visa interview at the nearest U.S. embassy or consulate in Australia. During the interview, you will be asked questions about your investment, your business plan, and your intent to depart the United States. It’s important to prepare for the interview and answer all questions honestly and confidently.

5. Wait for the Visa Decision

After the interview, you will need to wait for the visa decision. The processing time can vary, but it is generally recommended to allow several weeks for the decision to be made. If your application is approved, the visa will be placed in your passport.

6. Travel to the United States

If your visa application is approved, you will receive your E2 visa. You can then travel to the United States and begin working in your U.S. business. It is important to note that the E2 visa is typically granted for a period of up to five years, but it can be renewed indefinitely as long as you continue to meet the requirements.

Conclusion

Obtaining an E2 visa as an Australian citizen can open up exciting opportunities to live and work in the United States. By meeting the E2 visa requirements and following the application process, you can make your dream of working in the U.S. a reality. Remember to gather all the necessary documents, complete the online application form, attend the visa interview, and wait for the visa decision. With the E2 visa in hand, you can embark on a new chapter in your career and enjoy the benefits of living in the United States. However, it’s important to remember that the E2 visa is a non-immigrant visa, and you must maintain your intent to return to Australia. Always consult with an immigration attorney or expert to ensure you understand all the requirements and obligations associated with the E2 visa. https://globalimmigration.com/

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