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Australia holds treaty investor status with the United States, separate from its well-known E-3 specialty-occupation visa. If you're an Australian citizen exploring franchise ownership, here's how the E-2 route works.
Australia is an E-2 treaty country in its own right: a separate category from the E-3 visa, which is specifically for Australians working in specialty occupations, not investors.
Australian applicants typically process through the U.S. Embassy in Canberra or a U.S. consulate in Sydney, Melbourne, or Perth, depending on residence.
Typical range seen across E-2-friendly franchise brands; the right number depends on the franchise and your business plan, not a fixed legal minimum.
Australia is sometimes overlooked as an E-2 country because the E-3 visa gets so much attention, but the E-3 is a separate program built for skilled employees with a U.S. job offer, not for investors directing their own business. If you want to own and actively run a U.S. franchise rather than work for a U.S. employer, the E-2 is the relevant category.
Because the two programs are easy to confuse, we spend extra time early on making sure Australian clients understand which visa category actually fits their goal: ownership and active management, versus employment in a specialty role.
A general starting checklist. Your immigration attorney will confirm exactly what your case requires. Not sure which franchise fits first? Try the free franchise match quiz.
The baseline requirement for E-2 treaty investor eligibility, and confirmation you're pursuing the E-2 investor category, not the E-3 specialty-occupation visa.
Bank records, business sale documents (including superannuation-related sources where applicable), or other clear evidence of how your investment capital was legitimately obtained.
Reviewed with your team before you sign or place capital in escrow.
Built around the non-marginality and job-creation tests USCIS applies to E-2 petitions.
Escrow agreements, lease commitments, or purchase agreements showing capital is committed, not just available.
Confirmation you're working with a licensed U.S. immigration attorney for the petition itself.
Franchise Coach is not a law firm and does not provide immigration legal advice. Treaty status, consular procedures, and documentation requirements can change. Always confirm current requirements with a licensed U.S. immigration attorney or the official U.S. Department of State website before making decisions.
Filtered by capital, ownership model, and USCIS track record.
Review the disclosure document and place your capital at risk.
Built to satisfy the non-marginality and job-creation tests.
Submitted with your immigration attorney at the consulate.
I stay involved through your grand opening.
No. The E-3 is a separate visa specifically for Australian nationals working in a specialty occupation for a U.S. employer. The E-2 is for treaty investors who invest in and actively direct their own U.S. business, such as a franchise. Australia qualifies for both, but they serve different purposes.
Most applicants process through the U.S. Embassy in Canberra or a consulate in Sydney, Melbourne, or Perth, depending on where you live. Your immigration attorney will confirm the right post for your case.
It's possible to pursue an E-2 visa even if you're not currently on E-3 status, since they're evaluated under different criteria. Speak with your immigration attorney about how a change or addition of status would work for your situation.
See treaty status, process notes, and FAQ for United Kingdom applicants.
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