E-2 Visa for Australian Citizens: Requirements and E-2 vs E-3

Australian citizens can get the E-2 treaty investor visa: Australia’s E-2 status has been in force since December 27, 1991, and Australian nationals received 385 E-2 visas in FY2024. The E-2 is the route for Australians who will own and direct a U.S. business; the separate E-3 visa, available only to Australians, is for employees of U.S. companies in degree-level jobs.

Is Australia an E-2 treaty country?

Yes. The Foreign Affairs Manual treaty table (9 FAM 402.9-10) lists Australia for E-1 from December 16, 1991, E-2 from December 27, 1991, and the E-3 specialty occupation classification from September 2, 2005.

Only Australian citizenship counts. Australian permanent residents who are citizens of another country must use their own nationality, if it is a treaty country. Dual Australian and British, Irish or other treaty nationals choose one nationality for the E-2 case, and the U.S. business must be at least 50% owned by nationals of that country. See E-2 ownership rules.

How many E-2 visas do Australians receive?

Nationality	E-2 visas issued, FY2024
Australia	385
New Zealand	141
Oceania total	526

Australia’s figure is modest compared with its business ties to the U.S. One reason is that many Australians move to the U.S. on the E-3 instead, because it is designed for employees and does not require a personal investment. The E-2 count includes investors, E-2 employees and family members.

E-2 or E-3: which visa fits an Australian?

	E-2 treaty investor	E-3 specialty occupation
Who it is for	Owner who develops and directs a U.S. business	Employee of a U.S. employer
Core requirement	Substantial, at-risk investment in your own company	Job offer in a specialty occupation and a relevant bachelor’s degree or equivalent
Employer filings	None from a separate employer	Labor Condition Application certified by the Department of Labor
Annual cap	None	Annual numerical limit set by statute
Spouse	E-2 derivative, authorized to work	E-3 derivative, authorized to work
Who controls the visa	You, through the business	The employer relationship

Some Australians use both in sequence: they arrive on an E-3, learn the market and then switch to an E-2 when they buy or start a company. If your business would trade mostly between Australia and the U.S., also compare the E-1; see E-2 vs E-1.

What are the E-2 requirements for Australians?

The standard rules from INA 101(a)(15)(E)(ii), 8 CFR 214.2(e) and 9 FAM 402.9 apply:

1. Ownership and control. At least 50% Australian ownership, with you owning at least 50% or holding operational control.
2. Substantial investment. No minimum dollar figure; the investment is measured against the total cost of the business. Read E-2 minimum investment.
3. At risk and committed. Funds spent or irrevocably committed, for example through signed leases, equipment purchases or an acquisition in escrow.
4. Real and active. An operating business, not passive investment.
5. Not marginal. Capacity to do more than support your household, generally within five years.
6. Intent to depart when your status ends.

Our E-2 requirements guide covers each in depth.

How do Australians apply for the E-2?

Australians apply through the U.S. Mission in Australia, which includes the U.S. Embassy in Canberra and consulates in Sydney, Melbourne and Perth. E visa cases are handled by a designated post rather than every location, so check the U.S. Embassy and Consulates in Australia website for the current post, package format and scheduling.

The general sequence:

1. Form DS-160 for each applicant. The principal investor answers the E-specific questions inside it; E-2 employees also complete Form DS-156E.
2. The $315 MRV fee per applicant, plus any reciprocity fee shown for Australia.
3. A tabbed, indexed evidence package with the business plan.
4. An in-person interview. Interview waivers were narrowed in 2025.

Since September 6, 2025, nonimmigrant applicants generally apply in their country of nationality or legal residence. Visa validity is set by the reciprocity table for Australia; check it on travel.state.gov when you apply. Each admission gives up to two years.

Australians already in the U.S., for example on an E-3 or F-1, can change status through USCIS on Form I-129. See change of status vs consular processing.

Documenting Australian funds

Australian funds are usually well documented. Typical evidence includes property sale contracts and settlement statements, business sale agreements, payslips and ATO notices of assessment for salary savings, company financial statements for business income, probate documents for inheritance, and bank records showing the conversion from Australian to U.S. dollars. See E-2 source of funds.

Business types Australians often choose

In our practice, Australian E-2 investors gravitate toward:

• specialty coffee shops and cafes, where Australian-style coffee has a following in several U.S. cities,
• fitness studios and wellness franchises,
• construction, trades and home services,
• surf, outdoor and lifestyle retail,
• marketing agencies, consultancies and technology firms with U.S. clients,
• acquisitions of established businesses with staff and revenue.

Whatever the model, the business should be one you can direct day to day and that can grow beyond supporting your household. For more ideas by budget and model, see the best businesses for an E-2 visa.

What makes a strong Australian E-2 case?

In our experience, Australian applicants rarely struggle with documenting funds. Where cases get weaker is the business itself. The points that make the difference:

• Commit the money before the interview. A signed lease, purchased equipment, paid franchise fees or an acquisition held in escrow pending the visa all show funds at risk. Money parked in a U.S. bank account does not.
• Show the full cost of the business. The officer compares your investment with the total cost to buy or open the business. A clear cost breakdown makes that comparison easy.
• Plan for U.S. hires. A one-person consultancy that only replaces your Australian salary can look marginal. A plan with staff and growth over five years answers that concern.
• Keep control. If you are investing with partners, make sure you hold at least 50% or clear operational control, or consider whether one partner should be the principal investor.
• Be realistic about timing. Allow time for business setup, the business plan and consular scheduling. In our experience, the whole process from first planning to an operating business often takes four to eight months.

Family and practical notes

• Spouse. A spouse of any nationality receives E-2 derivative status and may work; the I-94 shows class E-2S.
• Children. Unmarried children under 21 hold E-2Y status, can study but cannot work, and need their own status at 21.
• Tax. Moving generally makes you a U.S. tax resident. The U.S.-Australia tax treaty and the social security agreement affect pensions and contributions, so take cross-border advice.
• Health insurance. Medicare does not cover you in the U.S. Arrange private health insurance from day one.

Next steps

Try our E-2 eligibility checker, then speak with our team. We help Australian investors choose or build the business, write the business plan and assemble the investment evidence, and we coordinate with your independent immigration attorney, who files the case.