E-2 Visa for Australian Citizens: Requirements, Fees, and How to Apply from Australia

Australian citizens can get an E-2 visa. Australia has been an E-2 treaty country since December 27, 1991. An Australian who invests a substantial amount in a real U.S. business and owns at least 50% of it can live and work in the United States to develop and direct it.

The U.S. Department of State issues the E-2 visa for Australian citizens as a multiple-entry visa valid for 60 months, with a $5,592 reciprocity fee per applicant. It renews while the business qualifies but is not a green card. Pollak PLLC helps Australian investors build E-2 cases that are ready for the consular interview.

Can Australian Citizens Get an E-2 Visa?

Yes, Australian citizens qualify, and the State Department's Treaty Countries table is the official source for Australia's E-2 status. The same table lists Australia's E-1 treaty trader status from December 16, 1991, and the Australia-only E-3 from September 2, 2005.

An E-2 visa lawyer can confirm whether the E-2 or the E-3 fits your plans.

What Is the E-2 Treaty Investor Visa?

The E-2 treaty investor visa is a nonimmigrant visa for treaty nationals, set out in the Immigration and Nationality Act (INA) at §101(a)(15)(E)(ii).

There is no annual cap, and you do not need a degree or a job offer from a sponsoring U.S. employer. The E-2 investor visa is sometimes called an E-2 work visa, but it lets you work only for the business you invest in.

Who Counts as an Australian National for E-2 Purposes?

For E-2 purposes, an Australian national is an Australian citizen, usually shown by an Australian passport. Living in Australia is not enough on its own.

Why Trust Pollak PLLC for Your Australian E-2 Visa?

You can trust Pollak PLLC because it pairs long immigration experience, including E-2 investor cases, with a history of representing Australian nationals.

Managing Attorney Karen-Lee Pollak, an immigrant herself, has practiced exclusively immigration law for more than 27 years.

Her recognitions include Chambers and Partners Global Guide (USA) 2021, Chambers Regional Spotlight (Texas) 2025, Texas Super Lawyer 2018 to 2025 and D Magazine Best Lawyers in Texas 2014 to 2025. She is an American Immigration Lawyers Association (AILA) member.

The firm has offices in Dallas (Addison), Texas, and Fort Lauderdale, Florida, and serves investors in all 50 states by video consultation. The firm also rebuilds petitions weakened or denied under prior counsel.

For Australian investors, Pollak PLLC coordinates the Australian dollar (AUD) source-of-funds trail and the consular package under one roof, including a government fee budget for the whole family.

Has Pollak PLLC Worked With Australian Clients Before?

Yes. Karen-Lee Pollak has obtained P visas for Australian PGA golfers and helped bring Australian rodeo champions to perform in the United States. Prior results do not guarantee a similar outcome.

Can Pollak PLLC Represent Me If I Am Still Living in Australia?

Yes, U.S. immigration law is federal, so the firm can prepare your E-2 case for the consulate in Sydney, Melbourne or Perth while you live anywhere in Australia.

What Are the E-2 Visa Requirements for Australians?

Australians must meet seven E-2 visa requirements under the Foreign Affairs Manual (9 FAM 402.9) and the Code of Federal Regulations (8 CFR 214.2(e)):

1. Australian nationality. You must be an Australian citizen.
2. Ownership or control. You must own at least 50% of the U.S. business or control it through a managerial role.
3. Substantial investment. Your capital must be substantial relative to the cost of the business.
4. Funds at risk. The money must be committed to the business and exposed to loss if it fails.
5. A real, operating enterprise. It must produce goods or services, not hold idle assets.
6. A non-marginal business. It must meet the earnings test explained below.
7. Intent to develop and direct. You must come to run the business and intend to depart when your E-2 status ends.

How Much Ownership Do Australians Need in the U.S. Business?

You need at least 50% ownership of the E-2 business, or operational control through a managerial position. Under 9 FAM 402.9-6(F), two equal owners can each qualify through negative control if both keep full management rights.

Shares held by U.S. permanent residents do not count toward Australian ownership.

What Makes an E-2 Business "Non-Marginal"?

A non-marginal business has the present or future capacity to earn more than a minimal living for you and your family, or to make a significant economic contribution. Under 8 CFR 214.2(e)(15), that capacity should generally be realizable within five years.

How Much Do Australians Need to Invest for an E-2 Visa?

There is no legal minimum investment for an E-2 visa. Under the proportionality test in 9 FAM 402.9-6(D), the officer compares your investment with the total cost of buying or starting the business.

The test works as an inverted sliding scale: the cheaper the business, the higher the share of its cost you are expected to invest. In practice, many approved E-2 cases involve US$100,000 or more, while lower-cost service businesses can qualify with less.

Can Australians Use Escrow, Loans or Equipment Toward the Investment?

Yes, within limits set by 9 FAM 402.9-6(B). Funds held in escrow until the visa is issued can count, as can equipment and inventory you buy for the business. Loans secured by the business's own assets do not count, but debt secured by your personal assets, such as a mortgage on your home in Australia, may count.

Can an Australian Qualify With an Online Business or Franchise?

Yes, if the business is a real, operating enterprise that passes the same E-2 marginality test. An online business needs active U.S. operations, not a passive storefront. Franchises face the same test, with no pre-approved list.

How Much Does an E-2 Visa Cost for Australian Citizens?

Each Australian applicant pays the State Department a $315 application fee, and each approved applicant pays the reciprocity fee at issuance.

For an all-Australian family of four applying at a consulate, State Department fees add up quickly:

• Four application fees total $1,260.
• Reciprocity fees for four approved applicants add $22,368.
• Together, the family pays $23,628 in State Department fees before legal fees or business costs.

A fee bill of that size before the business opens is a real hurdle for a family, and budgeting for it early helps. A spouse or child who holds another treaty nationality, such as New Zealand or British citizenship, follows that country's reciprocity schedule. A family member from a non-treaty country follows your Australian schedule.

Congress also created a separate $250 visa integrity fee in 2025 (Public Law 119-21), but as of October 2026 the State Department's fee page did not list it. Verify current amounts before filing, as fee schedules change.

How Long Is an E-2 Visa Valid for Australians?

The Australian E-2 visa is valid for 60 months (five years) with multiple entries, according to the State Department's Australia reciprocity schedule. Each entry gives you an admission of up to two years under 8 CFR 214.2(e)(19).

How Is the E-2 Visa Stamp Different from the I-94?

The visa stamp in your passport controls travel to the United States, while the Form I-94 record, which U.S. Customs and Border Protection (CBP) issues at each entry, controls how long you may stay.

Your stay can run past the stamp's expiration if your I-94 date is later. Staying past the I-94 date, though, voids the visa under INA §222(g).

Can Australians Renew an E-2 Visa Indefinitely?

Yes, there is no limit on E-2 extensions from USCIS or renewals at a consulate while your business still qualifies. The firm's E-2 visa renewal page explains both routes.

How Do Australians Apply for an E-2 Visa from Australia?

Australians apply for an E-2 visa from Australia in eight steps:

1. Form the U.S. company.
2. Open a U.S. business bank account and commit the investment to it, or to escrow.
3. Assemble your evidence package from the documents listed below.
4. Complete Form DS-160 for every applicant, including your spouse and children. The DS-156E supplement applies to E-2 managers, executives and essential employees, not principal investors (9 FAM 402.9-6(A)).
5. Pay the application fee for each applicant.
6. Once the package is ready, submit it to your consulate under the U.S. Mission to Australia's current E-visa instructions and wait for an interview date.
7. Attend the interview at your consulate.
8. Pay the reciprocity fee once approved. Your passport comes back with the visa.

Which U.S. Consulate in Australia Handles E-2 Applications?

Your E-2 interview takes place at the U.S. Consulate General in Sydney, Melbourne or Perth, depending on where you live. The U.S. Embassy in Canberra does not process visa applications.

How Long Does the E-2 Process Take at Australian Consulates?

E-2 timing in Sydney, Melbourne and Perth varies by season, and none of the three consulates commits to a fixed schedule. Check the State Department's Global Visa Wait Times tool on travel.state.gov for current waits.

What Happens at the E-2 Visa Interview?

At the E-2 interview, a consular officer tests your business plan, source of funds, ownership and role. Your answers must match your DS-160 and the figures in your business plan, so expect questions on hiring and how you will direct the business day to day.

What Documents Do Australians Need for an E-2 Application?

You need personal, business and financial documents, starting with Form DS-160, and together they must trace your investment from AUD accounts in Australia to the U.S. business:

• Personal documents. Bring your Australian passport, DS-160 confirmation page, a compliant photo and a current CV.
• Business documents. The consulate expects formation records, proof of ownership, your lease, any licenses and a five-year business plan with hiring projections.
• Financial documents. Your money trail runs through AUD bank statements, Australian Taxation Office (ATO) notices of assessment, sale contracts and wire records for each AUD to USD transfer into the U.S. business account.

Documents not in English need certified translations.

E-2 vs. E-3 Visa: Which Is Better for Australians?

The E-2 is better if you will invest in and run a business, while the E-3 is better if you have a U.S. professional job offer. The table below also compares the L-1 visa and EB-5.

When Should an Australian Choose the E-3 Instead?

Choose the E-3 when a U.S. employer offers you a specialty occupation job and you do not plan to invest. The employer must also file a Labor Condition Application. Read more about the E-3 visa for Australian professionals.

Can an Australian Move from an E-3 to an E-2?

Yes, you can change from E-3 to E-2 status by filing Form I-129 with USCIS, or apply for a new E-2 visa at a consulate in Australia.

Can Australian E-2 Investors Bring Their Families?

Yes, your spouse and unmarried children under 21 can receive derivative E-2 status, and they do not need to be Australian.

Spouses in E-2 status are employment authorized incident to status under USCIS policy in place since November 2021, so they do not need a separate employment authorization document (EAD). Since January 30, 2022, USCIS and CBP have issued spouses an I-94 with the E-2S code, which serves as List C evidence for Form I-9. The firm's article on E-2 spouse work authorization covers the I-94 rules in more detail.

Children may not work, and their derivative E-2 status ends when they turn 21 or marry.

Can Australians Change to E-2 Status Without Leaving the U.S.?

Yes, if you are in the United States in valid nonimmigrant status, you can file Form I-129 with USCIS to change to E-2 status.

Visitors who entered under the Visa Waiver Program with an Electronic System for Travel Authorization (ESTA) cannot change status (8 CFR 248.2). Because many Australians visit on ESTA, most will need to apply at a consulate in Australia instead.

A USCIS approval grants E-2 status but not a visa stamp, so you still need an E-2 visa from a consulate before you travel abroad and return.

With premium processing (fee in the table above), USCIS acts within 15 calendar days of accepting the request.

Can an E-2 Visa Lead to a Green Card for Australians?

Not directly, because the E-2 does not allow an intent to stay permanently, but other green card paths, including EB-5, can follow:

• EB-1C multinational manager. If you own an Australian company with a related U.S. business, you may qualify if you worked for the Australian company as a manager or executive for at least one of the past three years. This route often follows an L-1 transfer, and the U.S. company must have done business for at least one year.
• EB-5 immigrant investor. The standard investment is $1,050,000, and it must create 10 full-time jobs.
• EB-5 reduced amount. Investing in a targeted employment area (TEA) or infrastructure project lowers the amount to $800,000. Both figures adjust on January 1, 2027.
• EB-2 National Interest Waiver. Some investors qualify under the Matter of Dhanasar framework without an employer sponsor.

If the EB-5 route fits, speak with an EB-5 investor green card lawyer before you commit funds.

Why Do Australian E-2 Applications Get Refused or Delayed?

Australian E-2 applications are usually refused or delayed because the evidence on the funds or the business falls short. Common causes include:

• The business plan is generic and does not fit the business you actually plan to run.
• The source-of-funds trail has gaps across Australian accounts or currency transfers.
• The business fails one of the core requirements above, such as funds not yet at risk, a marginal business with no path to hiring, or an investment too small for the business.

A refusal after months of planning is discouraging, but each of these problems can be addressed before you apply again. Pollak PLLC reviews these points before filing. The final decision still rests with the consular officer.