The E2 visa is one of the most popular options for Australians wishing to live and work in the United States, and for good reason.
The E2 visa allows an Australian citizen to either start or buy a business in the United States without a job offer or sponsorship.
In fact, the two visas have almost nothing in common. The E3 visa is most similar to the H1B visa, and it requires a job offer. It also requires that the visa applicant have a specific degree and/or experience within a certain industry.
The E2 visa requires no job offer. You can start or buy a business in the U.S. and get the E2 visa in order to live and work at that business here in the United States. You do not need to have any specific education or experience. Instead, you only need to be able to show that you can successfully “direct and develop” the company.
In addition, the E2 visa has no limits to the type of business in which you can work. The only imitations are that the business is legal, that you can support yourself and employees with the business and that the business is “for profit.” Other that those vague parameters, you can choose any business or industry in any state.
You will end up interviewing at a U.S. consulate in Australia. There are currently three locations where you can get an interview:
Each of the locations has a slightly different way of receiving the application and scheduling interviews, but the requirements for the E2 visa are the same at all locations. When determining where you will do your interview, your main priority should be convenience.
Note that each U.S. consulate in Australia handles the E2 visa application review process a little differently, and the timeline is slightly different, as well. Also, please note that the time it takes to review an E2 visa application and get an interview changes throughout the year according to many different factors: officers out/sick/on vacation, number of applications received, etc. However, here is a general timeline for the E2 visa interview in Australia.
Sydney: Sydney takes applications via email and will review the application for about 2-4 weeks before reaching back out via email to let you know your interview date. This date is typically 1-2 weeks in the future from the date of the email. Sydney generally schedules E2 visa interviews on Thursdays only.
Melbourne: Melbourne also accepts applications via email. The timeline between when you submit the application and when you go to the interview will likely be 4-6 weeks.
Perth: Historically, Perth has been the fastest review and interview process. However, all timeframes are always subject to change.
Yes, this is possible. This type of process is called a “change of status.” In “normal” times, we don’t recommend this often for a variety of reasons.
If you choose to go this way, you must have a current U.S. visa. So, for those who usually travel to the U.S. on ESTA, a change of status won’t work. If you are currently in the U.S. on a valid visa, please reach out and we can talk you through the steps and timeline of changing status. You can also review our blog post about changing status for E2 visa investors.
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1. You must have a passport from an E2 treaty country. NOTE – None of your family members need to have the same passport. They can come as derivatives even if they have passports from non-treaty countries.
2. You must invest in a new or existing business in the US with the goal of making a profit. Your investment in the new or existing business must be “substantial.” A “substantial” investment is not defined as a number, but is judged under the totality of the circumstances. The location of the business and the type of business will be considered. That said, you should count on investing at least $100,000 in order to show substantiality.The business you invest in should be a “bona fide enterprise” (sometimes called the “Real and Active” requirement). You must show that this business provides a good or services and operates on a day-to-day basis. Passive or speculative investments will not meet this requirement.
3. The business must not be “marginal.” It must have the “present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.” This is not a hobby business or a part-time business. You should be actively working on the business and intending the business to be a full-time venture that will financially support you, your family and employees and their families.
4.You must invest in the business, and the funds must be “irrevocably committed.” This means you must be able to show that the money has already been spent before you apply for the E2 visa.
5. You must be able to trace the money. In other words, you must be able to show that the money is yours – not investors’ or third parties. It goes without saying that you must also show that the money was not received as a result of criminal activities.
6. Your goal in coming to the US is to “direct and develop” this business. In other words, you need to show that you have the ability and capacity to “direct and develop” the business.
7. This is typically demonstrated by showing that you have at least 51% ownership in the business.