Nonimmigrant visa

Nonimmigrant visa

Treaty Investors

Specialty Occupation Professionals from Australia

Entrepreneurs, Business owners, Investors

Accountants, Computer analysts, Graphic designers, Pharmacists, Physical therapists, Engineers, Teachers, Lawyers, Environmental scientists

• You and at least 50% of the business owners must be nationals of the same treaty country.

• You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.

• The investment must be substantial and at risk, with the legal source of funds documented.

• Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).

• The business must be profitable and ideally create at least one U.S. job within the first five years.

• You must be a citizen of Australia.

• You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).

• The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.

• The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.

• Renewable indefinitely, allowing long-term business opportunities in the U.S.

• Highly flexible and can be used for almost any type of business.

• Easy renewal process with the option to extend stay.

• Far less competitive than the H-1B visa, as it does not require an annual lottery.

• Requires minimal applicant qualifications beyond a college degree or professional experience.

• Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).

• Some consulates have long wait times for E-2 application interviews.

• Requires committing investment funds before receiving approval.

• Requires employer sponsorship and a job offer in a specialty occupation.

Not required

Required

5 years¹

2 years

Indefinitely, 5-year increments²

Indefinitely, 2-year increments

2-4 months

2-3 months

15 business days³

No

Yes

Yes

^{1, 2}Shorter for some nationalities.

³Available only for change of status, not for consular processing.

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