As an Australian citizen, you can either start a new business or invest in an existing one, as long as you meet the visa’s requirements. The E-2 visa provides a significant advantage over other visa types due to its flexible renewal options, as long as the business remains operational and continues to meet the necessary criteria.
With benefits such as unlimited renewals, the ability for spouses to work, and the opportunity for children to study in the U.S., the E-2 visa is an attractive option for entrepreneurs looking to expand into the U.S. market.
However, successfully navigating the E2 visa application process—particularly through the U.S. Consulate in Sydney—requires a clear understanding of the requirements, investment criteria, and common pitfalls to avoid.
In this guide, we will cover the following key topics to help you increase your chances of obtaining an E-2 visa:
- Key considerations and eligibility requirements for Australian investors.
- A step-by-step guide to submitting your E-2 visa application through the U.S. Consulate in Sydney.
- Learn common errors to ensure a smooth application experience.
With the right preparation and approach, the E-2 visa can open doors to significant opportunities in the U.S. business landscape. Let’s dive into the process and what you need to know.
What You Need to Know Before Obtaining an E-2 Visa
Before you apply for the E-2 visa, there are a few key things to consider:
- Substantial Investment: There is no fixed investment amount, but most U.S. consulates, including Sydney, view $100,000 or more as substantial. However, the actual required investment will depend on the franchise and location.
- Business Ownership: You must own at least 50% of the franchise to qualify for the E-2 visa, and you must be actively involved in the management and operation of the business.
- Real and Operating Business: The franchise you invest in must be an active, for-profit operation. Passive investments do not qualify for the E-2 visa.
- Intent to Leave: Although the E-2 visa can be renewed indefinitely, it is still a non-immigrant visa. You must demonstrate intent to leave the U.S. when your visa expires.
Understanding these requirements will help you prepare your application effectively and avoid any issues during the process.
The E-2 Visa Application Process in Sydney
Applying for an E-2 visa through the U.S. Consulate in Sydney requires careful preparation and attention to detail. Here’s a breakdown of the process:
1. Prepare a Business Plan
The business plan is one of the most critical parts of your E-2 application. It should clearly outline your investment, the structure of your business, projected growth, and your active role in managing the company.
The plan must demonstrate the business’s capacity to generate revenue beyond just supporting you and your family.
2. Fund the Business
You must show that you’ve already invested or are in the process of investing a substantial amount in the U.S. business. The funds should be “irrevocably” committed, meaning they are at risk if the business doesn’t succeed. Many applicants place their funds in escrow until visa approval, and this is generally accepted.
However, you must demonstrate your financial commitment to the business, whether through cash investment or other assets.
3. Prepare the Application Package
Once the business plan and financial documentation are in order, you need to compile a comprehensive E-2 visa application package. Different U.S. consulates may have varying requirements, but in Sydney, your package must include a detailed business plan, proof of investment, corporate structure documents, and personal information.
Ensure all documents are submitted in PDF format and are under 100 pages (excluding forms) with a maximum file size of 9MB.
4. Complete the DS-160 and DS-156E Forms
These forms are the formal application for the nonimmigrant visa. Most applicants have their immigration lawyers handle this part, but you can complete it yourself as well. Once done, you will need to print the confirmation page and include it with your submission package.
5. Submit the Application
Submit the entire application package via email to the U.S. Consulate in Sydney. Double-check that everything is correctly formatted and submitted according to consular guidelines. The U.S. Consulate typically responds within 15 days, authorizing you to schedule an interview if your application meets the initial criteria.
6. Pay the Visa Application Fees
Pay the visa application fee of USD $205 through the U.S. Visa Information Service for Australia. This payment confirms your application and is required for you and any family members accompanying you.
7. Schedule Your Interview
After your application is reviewed, you will receive instructions to schedule your interview at the U.S. Consulate in Sydney. Interviews typically take place within 1-2 weeks of this notification. The wait time for an interview can vary depending on the volume of applications and other factors, so it’s essential to plan ahead.
8. Attend the Visa Interview
During the interview, the consular officer will assess your business plan, the legitimacy of your investment, and your role in the enterprise. You will need to clearly explain your business’s financials, its operations, and your responsibilities.
Be prepared with all required documents, including an updated bank statement showing your investment. If your visa is approved, you will need to pay an additional reciprocity fee of USD $3,574 for Australian nationals, after which you can submit your passport for visa stamping.
Scheduling and Preparing for Your Interview
You must schedule your E-2 visa interview online through the U.S. Consulate’s system. The interview is a key step where the consular officer will evaluate your preparedness and business intentions. Here’s what to expect:
- Documents to Bring: Ensure you bring a complete copy of your E-2 visa application package, passports, and relevant personal documents (e.g., marriage and birth certificates for family members). The consulate may request additional documents, such as bank statements or proof of business operations.
- Focus of the Interview: The consular officer will primarily ask about your business plan, your investment, and how your business will contribute to the U.S. economy. They may also inquire about your long-term goals and the source of your investment funds.
Proving the Investment is Substantial
One of the most critical aspects of the E-2 visa process is proving that your investment is substantial. This doesn’t mean there’s a set minimum amount, but your investment must be enough to ensure the success of your business. The “proportionality test” is used to compare the amount invested to the total cost of the business.
For example:
- If the total cost to start or buy your business is $60,000, you would need to invest a high percentage of that amount, typically near the full $60,000.
- For more capital-intensive businesses, like manufacturing, $100,000 or more may be required to be considered substantial.
Your investment should show that you are financially committed to the business and that it has a strong likelihood of success. Providing detailed financial projections and a breakdown of your funds will help make your case.
Conclusion
The E-2 visa provides a fantastic opportunity for Australian investors to establish or invest in a U.S. business, offering flexibility and long-term growth potential. To ensure a successful application, it’s essential to prepare thoroughly, make a substantial investment, and avoid common mistakes during the process.
Choosing the right franchise is key to your E-2 visa success. As a franchise consultant, I can help you find the perfect U.S. franchise to match your goals. Contact me today to get started on your path to business success in the U.S.!