If you’re an Aussie entrepreneur looking to expand into the US, getting a visa America from Australia can be a game-changer. A non-immigrant visa called the E2 may just be what you need. It will give you permission to live and work in America if you invest in a U.S. company and actively run the business.
The main difference between a visitor visa and an E2 visa is that with a visitor visa, you are allowed to do nothing but visit. With an E2 visa, you can actively run and grow your business.
However, it is important to note that getting an E2 visa doesn’t guarantee entry into the US. The U.S. Citizenship and Immigration Services (USCIS) has specific requirements that all applicants must meet regarding their business and investment before they will approve them for an E2 visa.
This article will cover how to apply for an E2 visa from Australia and why purchasing a franchise is a good way to obtain approval for an E2 visa.
Understanding the E2 Visa: A Clearer Explanation
The E2 Treaty Investor Visa is a mechanism to boost the US economy by attracting foreign entrepreneurs who are willing to invest and create jobs. The E-2 visa was created to attract foreign investors with the resources to start and grow a new company in the U.S., thereby creating new jobs.
To help break down some of the basics of obtaining an E-2 treaty investor visa, here’s what we’ve learned:
What is a Substantial Investment?
- There is no fixed dollar amount required for the investment, but it must be substantial enough to ensure the business’s viability and success. As a rule of thumb, if your investment exceeds $100,000, it would be considered substantial.
- Your invested money will need to have a level of risk involved in order to prove your financial commitment to the new business venture. Your invested monies cannot simply be parked in a bank, etc., and invested into passive investments like a home intended for resale and rental.
- To protect yourself and comply with U.S. Immigration Law, you will need documentation showing how your invested monies were legally acquired.
What Makes a Business Eligible?
- There needs to be a real working business that you are actively managing and running.
- The business must generate sufficient income to support you and your family members, to show its financial viability and sustainability.
- It would also help if jobs were created for American employees, as this would strengthen your petition and align with America’s goals.
Nationality Requirement
- As Australia has a treaty with America, all Australian citizens can apply for an E-2 Visa. America has treaties with over 60 countries.
Intent to Depart
- The E2 visa is not a pathway to a Green Card, so you must show intent to leave the US if your visa expires or your business closes. However, the visa can be renewed indefinitely as long as the company remains operational and continues to meet the required conditions.
It is very important to understand all of the primary aspects of the E2 visa process for Aussie business that want to capitalize on the many opportunities available in the U.S.
Why Franchising is the Best Route for an E2 Visa
Proven Business Model
Franchises come with a track record of success, reducing the risk of failure. The history of a successful franchise is less likely to lead to failure than when someone starts their own business from scratch.
You will be able to use the name of the franchise as well as the operational systems used by the franchisor to gain access to the customers who have trusted the company. This tried-and-tested model ensures that you’re not starting from scratch and that you benefit from the experience and expertise of the franchisor.
Easier Visa Approval
Immigration officials in the United States favor franchises because they clearly show financial success and a structured method of operation. Franchisees usually produce financial records and success ratios, which create strong supporting documentation for the officer who is reviewing the E2 visa application. This results in an easier review process and ultimately increases the chance of being approved.
Lower Risk
When considering opening your own business versus opening a franchise, there will be less risk involved when using a franchise, as it provides well-known brand recognition, training to operate the business, and assistance to help ensure successful operations.
The franchisor also provides additional training to assist in equipping you with the knowledge and tools to successfully run the business. Additionally, many franchises include access to a pre-existing supply chain and marketing strategy, which reduces some of the uncertainty and challenges normally associated with establishing a new venture.
Ongoing Support
To help the franchisee transition into their new role as a small business owner, the franchise provides an array of services, including, but not limited to, marketing, legal counsel, and operational support daily. The continued support from the franchise can be beneficial in assisting individuals transitioning from foreign markets to operate within the United States.
The support provided by the franchise will begin at the start-up phase of your business, through the operation of your business. The continued assistance by the franchise will enable you to understand the regulatory compliance issues that may arise and how best to respond to these changes.
Step-by-Step Guide: How to Apply for an E2 Visa from Sydney
1. Find a Suitable Franchise
Work with a franchise consultant to find a business that fits within the parameters of an E2 visa. Choose an industry that has a high demand and an established operational model.
2. Make Your Investment
The minimum required Investment for many franchises is over $100,000. However, the most important factor is that your investment is proportional to the cost associated with your business. Be prepared to demonstrate how you have allocated the money in your business and that all funds used meet the requirements set by USCIS (United States Citizenship and Immigration Service).
3. Develop a Strong Business Plan
Your business plan will be reviewed thoroughly by immigration authorities regarding your plans to create jobs, financial performance, and long-term viability. It is very important to have a well-structured business plan and one that complies with all applicable immigration authority requirements.
4. File Form DS-160 & Pay Fees
This is your official visa application, submitted online through the U.S. Department of State. Be aware that applying from foreign countries may involve additional administrative processes.
5. Prepare for the U.S. Consulate Interview in Sydney
It is during this interview process that you will demonstrate the feasibility of your business and the authenticity of your investment. Expect specific questions about your business and prepare accordingly with the assistance of a visa lawyer. Applicants often underestimate the importance of preparing for this step; responding clearly and confidently is essential to obtaining approval.
6. Receive Your Visa & Move to the U.S.
After receiving approval for your visa, you may begin operating your franchise. Be mindful of ongoing compliance to ensure visa renewals, as failure to adhere to such laws could lead to visa revocation.
Avoid These Common E2 Visa Mistakes
- Investing Too Little (or Not Providing Documentation): The U.S. Department of State will determine if your money is enough to support the business you want to start. If your financial documents are incomplete, then you could have your petition denied.
- Choosing the Wrong Business: Only active businesses meet the requirements for an E-2 visa. This means that passive investments, such as buying property solely for its appreciation value, may not qualify.
- Skipping Legal Help: An experienced immigration lawyer is necessary, so you know your petition is solid before filing it with USCIS. A good franchise consultant will help you choose a franchise that qualifies for an E-2 visa.
- Underestimating the Interview: Be prepared to explain how much money you invested, your plan for the business, and why you qualified. If there are any discrepancies in what was written on your application vs. during the interview, your petition may be rejected.
- Ignoring the Visa Waiver Program: While Australian citizens can visit the U.S. under the Visa Waiver Program (VWP), many people assume that once in the U.S., they can simply switch to an E-2 visa. Unfortunately, the VWP allows individuals to travel to the U.S. but does not allow them to work in the U.S. or make investments.
FAQs
Yes. Australia is a treaty country with the United States, which means Australian citizens are eligible to apply for an E-2 Treaty Investor Visa if they make a qualifying investment in a U.S. business and actively manage its operations.
There is no fixed minimum investment amount required by USCIS. However, the investment must be considered substantial relative to the cost of the business. In many franchise cases, investments exceeding $100,000 are generally viewed as substantial.
Franchises offer a proven business model, established brand recognition, operational support, and documented financial performance. These factors can help demonstrate business viability and may strengthen an E-2 Visa application.
No. The Visa Waiver Program (VWP) allows eligible Australian citizens to visit the United States for tourism or business purposes, but it does not authorize them to work, operate a business, or automatically change their status to an E-2 Visa while in the country. Applicants should follow the proper E-2 Visa application process.
No. The E-2 Visa is a non-immigrant visa and does not provide a direct path to permanent residency. Applicants must demonstrate their intent to leave the United States if their E-2 status ends, although the visa can be renewed indefinitely as long as the business remains operational and continues to meet visa requirements.
Your Path to the U.S. Starts Here!
The E2 Visa has been an attractive option for Australian entrepreneurs as it is one of the most effective options available for achieving their goal of expanding into the United States. It lets you actively run a business while living in the U.S., providing an exciting opportunity for growth. The downside to pursuing the E2 Visa is dealing with complex immigration law and stringent investment requirements, which can create roadblocks.
Franchising creates a pathway to overcome these obstacles because it provides an established business model that will have a proven track record, established name recognition, and support for the entrepreneur. To get started, consult a franchise expert and an immigration attorney – they’ll guide you toward the right investment and help ensure a smooth visa process.