Treaty Traders and Investors (E-1 and E-2 visas)
The United States has signed treaties with Australia (among other countries) to promote trade and investment between our nations. The E-1 Treaty Trader and E-2 Treaty Investor categories were established to give effect to those treaties.
E-1 Treaty Trader - the simple facts:
- This visa category is for a business that is engaged in trade (goods or services) between the US and Australia. At least 50% of the trade must be between the US and Australia.
- The principal must serve the company in a specified capacity: either managerial or executive, or involving “essential skills.” The company, being at least 50% Australian owned, can then sponsor other Australians in E-1 status as employees as long as they will be serving in a managerial, supervisory or essential skill capacity.
- There are several benefits to the E-1 visa, including that the investor’s spouse and children under 21 can be issued E-1 dependent visas and the spouse may apply for a work authorisation document.
E-2 Treaty Investor - the simple facts:
- This visa category is for a business that makes a substantial investment in the US. The amount of the investment required depends on the nature of the business and what type of investment is generally required to start a business of that type. For example, you may need to invest over $500,000 to start up a restaurant; whereas $100,000 may be sufficient to ensure the successful operation of a small office-based graphic design firm. As a general rule, investments less than $100,000 may not be considered substantial for the purpose of the E-2 visa.
- The person for whom E-2 Treaty Investor status is sought must fill an essential role with the company, either as the investor who will develop and direct the investment, or as a qualified manager or specially trained and highly qualified employee necessary for the development of the investment.
- There are several benefits to the E-2 visa, including that the investor’s spouse and children under 21 can be issued E-2 dependent visas and the spouse may apply for a work authorisation document.
For more information, contact Cammisa Markel.
This information is provided as a guide only. Although every effort has been made to ensure that the information provided is correct at the time of writing, please consult the relevant authorities to verify the accuracy of the information provided and contact a qualified immigration attorney for legal advice about your specific situation.