E-2 Visa: Australia to U.S.A.

E-2 Visa: Australia to U.S.A.


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Australia is a close ally of the U.S. As a matter of fact, Australians are allowed to migrate to the U.S. as long as they can establish income generating businesses that will hire Americans and hence benefit the U.S. economy.

This preference is reserved for Australians and so you can not file a request if you are an alien in Australia. However, Australian investors in the U.S. must abide to the terms that govern the issuance of E-2 visas.

Investment Business in the U.S.

It is not possible for an Australian applicant to get E-2 visa without a viable business. The visas are actually issued by the consulate office in Australia. The investment must involve a considerable amount such that it is not a marginal venture. You must also mention the immediate beneficiaries of the project in your application.

You are therefore advised to do your homework while choosing your business venture because its worth will be scrutinized by the Australian consulate office. The bottom line is that the worth of your venture will be weighed against the amount that you have invested to acquire the business and its potential positive impact in the region it serves. Businesses can be obtained by either acquisition or startup.

Pass the Integrity Test

The money an Australian pumps into the U.S. economy must have been obtained through honest ways. It is therefore necessary to prepare your financial statements because you will submit copies of them to the consulate office. You are expected to have paid all your taxes otherwise tax defaulters are dismissed from applying for E-2 visas.

How to Get the Project Funded

A potential Australian applicant can actually develop a business plan and request for asset financing option from the banks. However, this option may not be helpful because there is a threshold on asset financing for alien investments that cannot be exceeded. Australian investors can request financial assistance from their family and friends to fund the business investment.

Business Must Be Owned By an Australian National

Australian nationals applying for E-2 visa are expected to be key decision makers in their U.S. based ventures. They are therefore required to be the core owners of the enterprise. This can be realized upon purchasing more than 50% of the shares in a given enterprise in the U.S.

In cases where there is a merger, the parties involved can only be U.S. or Australian nationals and a bigger share of the investment must be reserved for the Australians.


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Marginal Ventures Have No Place in E-2 Program

An Australian national cannot get the E-2 visa if the investment in the business venture is marginal. This is because such an investment will not be able to create any jobs for nor assist in the growth of the U.S. economy. The venture has to employ not less than 2 Americans to work on a full-time basis. It is therefore mandatory for an E-2 business venture to be substantial and profitable enough to meet their needs and those and those of his employees.

Be Willing To Come Back To Australia if the Venture Fails

Australian E-2 investors must make it their priority make the business venture a success. Otherwise you will need to go back to Australia. E-2 Visas remain valid for 4 year and must be renewed. Approval of the E-2 visa renewal is based on the investor still running a thriving business.

Get Your Papers in Good Order

Australian applicants are required to present their application sealed within a hardcover material so that it remains intact while under the custody of the consulate office. Applicants are strongly discouraged from submitting more than one copy of the required documents because it takes more time to read through such papers. The applicant must also complete form Ds-160.

Valid Passport

The visa you intend to use should be one that will still remain valid for at least 6 months following the expiry of your investment duration. You are therefore advised to apply for a new one from the appropriate government office in Australia. You must also get a recent color passport size photo of yourself and attach it into the application.

Australian applicants are expected to pay the application fee that must is subjected to all visa applicants and thereafter present the transaction receipt to the consulate officer which leads to the booking of an interview for the applicant at the consulate office.

Attorneys Are Allowed

An Australian E-2 applicant is allowed to designate the role of attending the interview to a lawyer of their choice. But for this privilege to be experienced, the Australian investor must fill form G-28 which notifies the consulate office about the role of the lawyer in the matter. The contact details of the lawyer are entered into the form by the applicant.

Australian Workers

Any workers who will be working for the Australian investor must present their own E-2 visa application. They are required to be in possession of letters crafted by their potential employer that focuses on their contribution into the project and the skills that got them hired.

Spouse and Kids Can Move With You

The spouse and children of an Australian applicant are allowed to become temporary residents of the U.S.. Their stay in the country is guaranteed by the visa status of the Australian E-2 investor.

Otherwise they are expected to go back to their home country together with the Australian investor upon the accomplishment of their mission in the US.

The spouse is actually free to work anywhere in the U.S. as opposed to the E-2 visa holder who can only work for themself. However, it is considered unlawful for the Australian spouse to seek employment without an employment authority document (EAD).

The kids of Australian investors also benefit from the visa by being allowed to accompany their parents to the U.S. This is only possible if they are not aged 21 and above. The kids will have to seek their independent visas when they become 21 years of age.

Do Things Right To Get the Visa

For an Australian national to be enrolled in the E-2 visa program, he must first identify a business in the US before going ahead with the application. That way, he shall have acquired the ownership rights to the enterprise which frames him as the chief decision maker in the company.

The investor must also hire the Americans prior to applying for the visa. The recruitment should be documented for future reference. In fact, he should get forms I-9 from every employee to prove that he is already doing what he was commissioned to do as an investor in the US.

It’s wise to get official clearance from the authorities and this is actually compulsory to all Australian passport applicants so it should not be a problem. If there are any legal issues that are tied to your US based venture, you should indicate so in your application. This will go along way in getting leniency from the consulate office when the profitability of the venture will be evaluated.