E-2 Visa for Australian Investors 

Australian citizens who plan to invest in and actively manage a U.S. business can apply for the E-2 Treaty Investor Visa through U.S. consulates in Sydney, Melbourne, or Perth. The E-2 is available to Australian nationals under the U.S.-Australia Free Trade Agreement, which also creates some Australia-specific terms worth understanding before you apply, including a two-year visa validity that differs from what most other treaty countries receive. 

This page covers the E-2 eligibility requirements, what the two-year visa term means in practice, how the consulate application process works in Australia, and what documentation you will need to submit. 

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E-2 Visa Requirements for Australian Nationals 

The E-2 visa has five independently reviewed requirements. Each requirement must be met on its own terms. 

Australian Citizenship 

The applicant must hold Australian citizenship at the time of application. Permanent residents of Australia who are not citizens cannot use Australian residency as the basis for an E-2 application. Eligibility is tied to citizenship, not geography. At least 50% of the investing business must be owned by Australian nationals or nationals of other E-2 treaty countries. 

Substantial Investment 

The investment must be real, committed, and at risk. Funds that have already been deployed into a genuine U.S. enterprise satisfy this requirement. An escrow arrangement, in which funds are committed and held pending visa approval, is also a recognized and accepted structure for Australian investors in start-up cases. 

There is no fixed statutory minimum. The investment must be substantial relative to the total cost of the business. In practice, E-2 investments typically begin at around $100,000, though the right figure varies significantly by industry and business type. 

For a full breakdown of what constitutes a substantial investment, see E-2 Visa Investment Requirements. 

Active Direction and Development 

The applicant must enter the United States to develop and direct the enterprise. Passive investment does not satisfy the E-2 standard. The applicant must hold at least 50% ownership or exercise operational control through a documented executive or managerial role. 

Non-Marginal Business 

The business must demonstrate a realistic capacity to generate more income than is needed to support the investor’s household. A business whose revenue only covers the investor’s personal living costs is considered marginal under E-2 adjudication standards. The business plan must reflect genuine economic contribution, which typically means a credible path to hiring U.S. employees.  

For an in-depth understanding of the E-2 Visa, read our complete guide here. 

E-2 Visa Duration: What Australian Nationals Need to Know 

Australian nationals receive a two-year, multiple-entry E-2 visa, in contrast to many treaty countries that receive a five-year E-2 visa stamp. The difference is set by the terms of the U.S.-Australia Free Trade Agreement and has no bearing on eligibility, investment requirements, or the strength of an application. 

The two-year figure refers to the visa stamp validity. Each entry into the United States grants a fresh two-year period of authorized stay, recorded on Form I-94, the Arrival/Departure Record. The I-94 date is the controlling document for how long you may remain in the country. The visa stamp expiration date and the I-94 date are two separate things. An investor whose I-94 has expired is out of status, regardless of what the visa stamp shows. 

The E-2 visa can be renewed without limit. Renewal applications are filed through the applicable U.S. consulate in Australia each time the stamp expires, provided the business remains operational and the investment remains active. For renewal requirements, see E-2 Visa Extension Requirements. 

Key advice:  Track your I-94 admission date. That date determines when your authorized stay ends. The shorter stamp validity for Australians does not limit how long you can operate your U.S. business, it simply means you renew more frequently than investors from some other countries.  

Applying Through U.S. Consulates in Australia 

Australian nationals apply for the E-2 visa through the U.S. consulates in Sydney, Melbourne, or Perth. Which consulate handles your application depends on your state or territory of residence. The U.S. Embassy in Canberra does not process visa applications. Each consulate accepts E-2 applications by email.  

Consulate	States and Territories Served	Approx. Processing Window
U.S. Consulate General, Sydney	New South Wales, Queensland, Australian Capital Territory (ACT), Norfolk Island	2 to 4 weeks to receive interview date; interview typically 1 to 2 weeks after notification
U.S. Consulate General, Melbourne	Victoria, Tasmania, South Australia, Northern Territory	4 to 6 weeks from submission to interview
U.S. Consulate General, Perth	Western Australia	Contact consulate for current timeline

Sydney schedules E-2 visa interviews on Thursdays. If your application is submitted to Sydney, plan your availability and travel accordingly. Melbourne does not restrict interviews to a single day of the week. 

Both Sydney and Melbourne accept applications electronically. The complete application package, including the DS-160, the DS-156E, the business plan, and all supporting financial documentation, is submitted by email before the interview is scheduled. 

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The DS-156E: The Form Specific to E Visa Applicants 

Australian E-2 applicants must complete two forms before the consular interview. The DS-160 is the standard U.S. nonimmigrant visa application, completed online. The DS-156E is a supplemental form that applies specifically to E visa applicants, covering the enterprise details, the nature and amount of the investment, and the applicant’s ownership stake and role in the business. 

Responses to the DS-156E must be consistent with the business plan and all financial documentation in the package. Inconsistencies between the form and the supporting materials are a common source of difficulty at the interview.

Step-by-Step Application Process 

Preparing the case, structuring the investment, and assembling the supporting documentation are all part of the journey. Working with an immigration attorney through this phase helps ensure the application package meets consular standards before anything is submitted. 

Australian investors generally move through five stages to apply for an E-2 visa through their assigned U.S. consulate. The first stages are preparatory: establishing the business, committing the capital, and completing the forms, and the investment must be in place before the package is filed. The later stages are the application itself: compiling the package, submitting it to the consulate, and attending the interview.  

1. Establish the U.S. business entity.  Incorporate the business in the chosen U.S. state, obtain the required licenses and permits, open a U.S. business bank account, and commit the investment capital. If you are using an escrow arrangement, confirm the structure meets E-2 standards before submitting. 

2. Complete the DS-160 and DS-156E.  Fill out both forms accurately. All financial figures on the DS-156E must match the documentation in your application package. Inconsistencies between the two create problems at the interview stage. 

3. Compile the full application package.  Assemble the business plan, financial evidence, entity documents, and personal documentation. The package is submitted by email to your assigned consulate. 

4. Submit to the consulate and wait for an interview invitation.  Sydney typically responds within 2 to 4 weeks with an interview date. Melbourne typically takes 4 to 6 weeks. Perth applicants should contact the consulate directly for current timelines. 

5. Attend the consular interview.  The consular officer will review the business plan, the investment, the source of funds, and your operational role in the enterprise. Bring the complete documentation set. 

Required Documentation 

The following documents are required for an E-2 application at a U.S. consulate in Australia. 

Business Documentation 

• Detailed business plan with five-year financial projections 

• Articles of incorporation or LLC formation documents 

• Operating agreements and partnership documents 

• Evidence of business registration and licensing 

• Proof of investment: bank statements, wire transfer records, receipts, or escrow agreement 

Personal Documentation 

• Valid Australian passport 

• Completed DS-160 nonimmigrant visa application form 

• Completed DS-156E E visa supplemental form 

• Professional photographs meeting U.S. Department of State requirements 

• Evidence of intent to depart the United States when E-2 status ends 

Financial Evidence 

• Bank statements documenting the source of investment funds 

• Tax returns demonstrating financial capacity 

• Documentation tracing funds from their lawful source to the U.S. enterprise 

• Loan agreements or investment documentation, where applicable 

Supporting Materials 

• CV demonstrating relevant business or industry experience 

• Market research supporting the commercial viability of the business 

• Lease agreements or property purchase documents 

Bringing Your Family to the United States 

The spouse and unmarried children under 21 of an approved E-2 investor are eligible to enter the United States as E-2 dependents. 

An E-2 spouse receives work authorization as part of the dependent status. No separate work permit application is required. The E-2 spouse may work for any U.S. employer in any occupation. Children may attend U.S. schools and universities at any level. 

Does the E-2 Visa Lead to a Green Card? 

The E-2 is a nonimmigrant visa. It does not provide a direct path to a green card or permanent resident status. Holding E-2 status does not prevent pursuing permanent residence through a separate pathway at the same time. 

Australian investors who have built a substantial U.S. enterprise may explore the EB-2 National Interest Waiver (NIW), which does not require employer sponsorship and is reserved for professionals whose work is in the national interest, or the EB-5 Immigrant Investor Program, which requires a minimum investment of $1,050,000 (or $800,000 in a targeted employment area) and the creation of 10 full-time U.S. jobs. 

For a side-by-side comparison of the E-2 and EB-5 programs, see EB-5 vs. E-2 Visa: Comparing U.S. Investment Visa Options. 

If permanent residence is part of the long-term plan, the right time to structure for it is before selecting a visa category. The initial choice can affect which pathways remain available later. 

Frequently Asked Questions 

Can Australian citizens apply for the E-2 visa? 

Yes. The U.S.-Australia Free Trade Agreement makes Australian citizens eligible for both the E-2 Treaty Investor Visa and the E-3 Specialty Occupation Visa. The E-2 is for Australians who will invest in and actively manage a U.S. business.  

How long is the E-2 visa for Australian citizens? 

Australian nationals receive a two-year, multiple-entry E-2 visa. This is shorter than the five-year visa received by nationals of countries including Canada, the United Kingdom, and South Korea. Each entry to the United States grants a two-year period of authorized stay, tracked by the Form I-94 Arrival/Departure Record, not by the visa stamp expiration date. The visa is renewable indefinitely as long as the qualifying business remains active. 

Where do Australian nationals apply for the E-2 visa? 

Australian nationals apply through U.S. consulates in Australia. The consulate depends on the applicant’s state of residence: Sydney handles New South Wales, Queensland, and the ACT; Melbourne handles Victoria, Tasmania, South Australia, and the Northern Territory; Perth handles Western Australia. Both Sydney and Melbourne accept applications by email. Sydney generally schedules E-2 interviews on Thursdays, with a review timeline of two to four weeks. Melbourne typically takes four to six weeks. 

What is the difference between the E-2 and the E-3 visa for Australians? 

The E-2 is a treaty investor visa requiring a substantial investment in and active management of a U.S. business. The E-3 is a specialty occupation visa for Australians with a qualifying degree who have a U.S. job offer in a matching professional field. The E-3 is similar to the H-1B but is available only to Australian nationals and has no annual lottery cap. If you are starting or buying a business, the E-2 applies. If a U.S. employer is offering you a professional role, the E-3 may be the more appropriate path. 

Does the E-2 visa lead to a green card for Australian investors? 

Not directly. The E-2 is a nonimmigrant visa with no built-in path to permanent residence. Australian E-2 holders can pursue parallel green card pathways, including the EB-2 National Interest Waiver, employment-based sponsorship, or the EB-5 Immigrant Investor Program, while maintaining E-2 status. 

Work With Colombo & Hurd on Your E-2 Application 

Colombo & Hurd represents E-2 applications through the U.S. Consulate in Sydney, Perth, and Melbourne. If you are an Australian investor evaluating a U.S. business opportunity, the right starting point is a direct conversation with our team. 

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