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E-2 Visa approval for an Australian citizen in the US Fiberglass Pool Industry

Our firm recently had the pleasure of guiding an Australian client to a successful E-2 visa approval, paving the way for their influential role as a manager with a growing U.S. fiberglass pool company. This achievement not only underscores our commitment to facilitating impactful business ventures but also highlights the potential for international professionals to drive significant growth in niche markets.

The E-2 visa offers a unique opportunity for Australian nationals looking to invest in a business venture within the United States. The E-2 visa provides considerable flexibility for Australians, allowing visa holders to obtain a five-year visa with the ability to renew indefinitely. 

Key Points of the E-2 Visa

  • Treaty Country: The applicant must be a national of a country with a valid Treaty of Trade and Commerce with the United States (e.g. Australia).
  • Majority ownership by treaty nationals: The U.S. business must be at least 50% owned and controlled by citizens of the relevant treaty country (e.g. Australia). 
  • Substantial Investment: The treaty investor must make a substantial investment in a new or existing U.S. business. In this particular case, we were able to show that the treaty investor invested necessary start-up costs, allowing the company to begin operating in the U.S.
  • Marginality: The investment enterprise must not be marginal. Meaning, it should have the present or future capacity to generate significant income and hire U.S. workers. In this particular case, we were able to satisfy this requirement by including a strong business plan and some proof of business transactions in the U.S.

Reciprocity Fee

One criticalaspect of applying for an E-2 visa as an Australian is the hefty reciprocity fee. This fee is a direct consequence of the bilateral agreement between the U.S. and Australia, designed to mirror the fees each country imposes on the other’s nationals. The E-2 reciprocity fee for an Australian is a whopping $5,592.00 USD. For reference, the reciprocity fee in Canada is zero dollars, while other countries may only charge a few hundred dollars. 

Although paying the government’s reciprocity fee was not ideal, our client was able to secure a U.S. visa that allows him the ability to enter and work in the U.S. at his convenience over the next five years. Not bad, right?

A Tailored Approach to Success

Our approach was meticulously tailored to meet the stringent requirements of the E-2 visa. We collaborated closely with our client to ensure that every aspect of the application showcased the substantial investment and the pivotal role our client would play in managing the company’s operations and in expanding the company’s market presence in the U.S.

Conclusion

For Australian looking to develop and direct business operations in the U.S., the E-2 visa presents a desirable pathway to the U.S. This is particularly applicable for individuals in a managerial, executive, and supervisory role, or those with particular skills that are essential to the business. Contact Berardi Immigration Law today if you need help with your immigration law challenges.