E-2 Visa for Australian Citizens: Requirements, Sydney and Melbourne Processing, and E-3 Comparison

Australians have two treaty-based routes to the United States: the E-3 for employees in specialty occupations and the E-2 for investors who own and run a business. The E-2 is the tool for founders, franchisees and business buyers. This guide covers the Australian specifics.

Eligibility

Australia is an E-2 treaty country. Australian citizens qualify; the U.S. business must be at least 50% owned by Australian citizens (or nationals of another single treaty country if a dual national applies on that passport). All general requirements apply: substantial at-risk investment, a real operating business, non-marginality and an active role. See the complete E-2 guide.

Australian citizens receive E-2 visas valid for up to 60 months with multiple entries. Each entry grants a two-year stay.

E-2 or E-3?

	E-2	E-3
Who	Owner-operator of a U.S. business	Employee of a U.S. employer
Requires	Substantial investment in your own company	Job offer in a specialty occupation, bachelor’s degree, Labor Condition Application
Duration	Renewable indefinitely while the business qualifies	Two-year periods, renewable indefinitely while employed
Spouse work	Yes, incident to status	Yes, incident to status
Cap	None	Annual cap of 10,500, rarely reached

Australians who want to start or buy a business use the E-2. Those hired by a U.S. company use the E-3. Some do both in sequence: E-3 employment first, then E-2 when they launch a company.

Applying from Australia

E-2 applications are handled by the E-visa unit at the U.S. Consulate General in Sydney, with Melbourne and Canberra handling cases per current assignments. The standard process applies: DS-160 and DS-156E, the $315 fee per applicant, electronic submission of the package, document review (typically three to eight weeks), interview, and passport return by courier. See processing time.

Australians already in the U.S., for example on E-3 or F-1, can change status through USCIS and obtain the visa at Sydney later. See change of status vs consular.

Source of funds from Australia

Australian funds are usually straightforward to document: property sales with contracts and settlement statements, superannuation is generally not accessible for this purpose before preservation age, business sales with agreements and bank records, salary savings with payslips and ATO notices of assessment. Currency conversion records reconcile AUD to USD. See minimum investment and source of funds.

Businesses Australians run under E-2

Cafes and hospitality concepts (Australian-style coffee has a following in New York, Los Angeles, Austin and Denver), fitness and wellness franchises, construction and trades, technology and professional services companies, and acquisitions of established U.S. businesses, especially in Texas, Florida, Colorado and California where Australian communities and lifestyle preferences cluster.

Family and practical notes

Spouses and children under 21 receive E-2 dependent status; spouses may work for any employer. Australian tax residency generally ends on departure; U.S. tax residency begins on arrival. The U.S.-Australia tax treaty and totalization agreement matter for pensions and social security. Health insurance must be arranged from day one; there is no reciprocal Medicare arrangement.

How we help

We select and launch businesses for Australian investors, document the investment for the Sydney E-visa unit and write the five-year plan. Tell us about your plans.