Small businesses play a central role in Australia’s economy. According to the Australian Small Business and Family Enterprise Ombudsman, 97.2 percent of Australian businesses are classified as small, meaning they employ fewer than 20 people.
There are approximately 2.5 million small businesses in operation. These enterprises employ nearly 5.36 million Australians, which makes up 42 percent of the country’s private sector workforce. Small businesses also contribute about one-third of Australia’s total gross domestic product (GDP), confirming their significance to the national economy.
This strong business foundation equips many Australians with the experience and mindset to grow internationally. For those aiming to expand or start a U.S. business as an Australian, the E-2 Treaty Investor visa offers a practical and legal route into the United States market.
If you’re researching how Australians can get an E-2 visa or looking to understand the Australian E-2 visa requirements, this guide outlines the key steps and considerations.
What Is the E-2 Visa?
The E-2 visa is a non-immigrant visa that allows citizens of eligible treaty countries to invest in and manage a business in the U.S. This visa does not lead to a green card, but it can be renewed indefinitely as long as the business remains active and compliant with U.S. immigration laws.
Australian E-2 Visa Requirements
To qualify for the E-2 visa, Australian applicants must meet these legal standards under U.S. immigration law:
- Nationality: The applicant must be an Australian citizen.
- Investment: The investment must be substantial in proportion to the cost of the business.
- Risk: The funds must be at risk, not just held in reserve or escrow.
- Real Business: The business must be a real, active, and for-profit commercial enterprise.
- Control: The applicant must own at least 50 percent of the business or have operational control.
- Active Role: The applicant must enter the U.S. to develop and direct the business.
- Marginality: The business must not be marginal. It should produce more than minimal income and support job creation in the U.S.
Australian Resources for Entrepreneurs
Australians preparing for an E-2 visa application can benefit from several government-backed services that support business activity at home and overseas:
- Austrade offers market insights, export assistance, and U.S. entry strategies.
- Business.gov.au provides tools for registering and managing a business. These records support accurate documentation for visa applications.
- Smartraveller gives relocation guidance, safety advice, and official travel updates.
These services do not handle visa filings, but they help Australians prepare a strong foundation before entering the U.S. market.
Links and Sources
- Australian Small Business and Family Enterprise Ombudsman: https://www.asbfeo.gov.au/msme-small-business-facts
- U.S. Department of State – Treaty Countries: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
- USCIS – E-2 Treaty Investors: https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- Code of Federal Regulations (8 CFR 214.2(e)): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2
- Austrade: https://www.austrade.gov.au
- Business.gov.au: https://www.business.gov.au
- Smartraveller: https://www.smartraveller.gov.au