United States is Australia’s 3rd Largest Goods Trading Partner

US Business Visas for Entrepreneurs and Company Expansions

By Isaul Verdin, VERDIN Founder and Managing Partner

VERDIN Law would like to provide information to our Australian friends interested in doing business in the US; and wanting to obtain a visa for doing business in the US.

Scroll To: E1 Visas, E2 Visas, L1 Visas

Three Business Visa Options: E1, E2, L1

These are three options and three visas: E1 visas, E2 visas and L1 visas. The business non-immigrant business visas are quick processing, unlike green cards and immigrant visas.

If US citizenship is desired, citizenship could be pursued after a business visa is in place. Contact VERDIN LAW for details.

The US is Australia’s 3rd Largest Trading Partner

Australia has significant trade with the US that is important and strategic. The US is Australia’s 3rd largest trading partner. The US is the 2nd source of imports into the Australian market. This trading relationship is important.

The United States is Australia’s third largest goods trading partner…..The United States-Australia Free Trade Agreement (FTA) has served as the basis of our bilateral trade relationship since the agreement entered in force on January 1, 2005.  (See U.S.-Australia FTA page) Under the FTA, all tariffs have been eliminated for imported products from the United States into Australia.  The FTA has functioned generally smoothly, with trade and investment growing in both directions.  Since the FTA went into force, U.S. goods exports to Australia have grown 59 percent and U.S. services exports have more than tripled. From https://ustr.gov/countries-regions/southeast-asia-pacific/australia

US Business Visas: E1 Visa, E2 Visa, L1 Visa

As a result of the key trading relationship with the United States, many Australian entrepreneurs find it would be an advantage to move to the US to conduct business and expand US business operations. Australian entrepreneurs will want to consider business visa options in the United States.

Treaty Trader (E-1) and Treaty Investor (E-2) Visas

Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries.

To qualify for an E Visa, you must be coming to the United States to:

• Engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
• Develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.

Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are non-immigrant visas for citizens of countries which the United States maintains a treaty of commerce and navigation.

For an E-1 visa, business must be principally between the United States and the treaty country.

For an E-2 Visa, visa applicants must develop and direct the operations of an enterprise in which the applicant has invested; or is in the process of investing a substantial amount of capital. There is no set amount of capital required; the investment amount is variable dependent on the business project.

E1 Visas for Business

An E1 visa requires businesses to show that there is a historical track record of transactions of company trade between the US and Australia. The E1 visa also requires that 50% of the company’s trade volume is with the US.

Unlike the E2 visa, the E1 Visa does not require an investment to obtain visa approval.

E-1 Treaty Trader Visa Example

An Australian based jewelry design and manufacturing company has been trading its merchandise to the United States for the last several years. Over 50% of their international trade takes place exclusively between the United States and Australia.

Over the last year their trade has grown significantly; and now they wish to move sales staff permanently to the United States to help increase their trade. The Australian jewelry business may benefit from an E-1 treaty trader visa.

E1 Visa Tips – Professional Services

Foreign businesses engaged in professional services can also organize and present any evidence that supports that they are engaging in international trade.

The evidence presented must show that over 50% of their international trade is with the U.S.

Professional services companies in accounting, advertising, marketing, public relations, design, engineering, and management consulting are some examples of eligible E1 Visa business services.

E1 Visa Questions? Please contact VERDIN Immigration Law.

E2 Visas for Business

Another option is the E2 Visa. The E2 visa is an entrepreneur investment visa.

It would require the Australian national to invest capital into the US. The amount of the capital required varies, depending on the project. We have to assess E2 visa projects on a case by case basis. There is no need to feel limited or bogged down by how much is needed to invest! The investment required is determined by the project scope.

For E2 Visas, there is no minimum amount of capital required. The law does not dictate a set amount of E2 visa capital. However, the law does require that the foreign entrepreneur invest a substantial amount of capital.

Three factors in E2 visa business substantiality need to be considered: Proportionality; Sufficiency; and Magnitude.

E2 Visa Questions? Please contact VERDIN Immigration Law.

E-2 Visas Example

A successful Australian real estate investor recently purchased a 75% stake in a real estate management company located in Dallas for $200,000.

The business operates at a profit and has over 20 employees, most of whom are American citizens. If all the conditions for the visa are met, the investor could obtain an E-2 treaty investor visa to oversee the real estate management company in the United States. In addition the investor is able to send the company operations manager to the United States to manage the company.

E2 Visa Questions? Please contact VERDIN Immigration Law.

L1 Visas for Business

The third option for Australian companies doing business in the US is the L1 Visa. This would be a visa for an Australian business that has offices in Australia and the US. The company could transfer an operations manager (for example) to the US to manage business operations located in the United States.

We would have to show concurrent operations in both markets.

L-1 Intracompany Transferee
The L-1 visa allows a company with operations in the U.S. and abroad to transfer certain classes of employees from its foreign operations center to its U.S. operation center for up to seven years depending on the L-1 subcategory. The employee must have worked outside the U.S. for a subsidiary, parent, affiliate or branch office of the U.S. company for at least one continuous year of the last three years. Companies operating in the U.S. can apply for an L-1 visa to transfer an employee to the U.S. from their overseas location. Employees in this category will initially be granted an L-1 visa for up to three years.

There are two types of employees who may be sponsored for L-1 visas:

• Managers/Executives (L-1A)
The legal definition of management and executive roles for L-1A purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L-1A visa for an initial three year period extendible in two year increments to a maximum of seven years.

• Specialized Knowledge Staff (L-1B)
This subcategory covers those with specialized knowledge of the company’s products, services, research, equipment, systems, proprietary techniques, management, or procedures. Staffers in this category are issued an L-1B visa for an initial three year period extendible to a maximum of five years.
On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.

L1 Visa Questions? Please contact VERDIN Immigration Law.

Texas – A Business Friendly Powerhouse

In 2013, Texas attracted $26.4 billion from around the world, or more than 12 percent of all foreign direct investment (FDI) in the U.S., according to the Financial Times and Bloomberg. Texas ranked third in the US for FDI investments between 2009 and 2013; only California and New York had more foreign direct investments.

Texas #1 Exporter: Texas maintains its position as the US #1 exporter—a title the state has held for 16 consecutive years. In 2017, Texas exported $264 billion in goods to destinations all over the world.

Home to World-Leading Companies: Behind Texas’ strong economy are 50 Fortune 500 companies, including ExxonMobil, AT&T, Sysco and American Airlines, more than 1,400 foreign companies such as Toyota, BAE Systems, Siemens and Shell Oil and 2.4 million small businesses. See which Fortune 500 companies have their headquarters in Texas.

13 Million Productive Workers: Texas has the second largest civilian workforce in America—13 million Texans. Top-notch Texas schools feed a strong pipeline of talent into the state. Out-of-state workers continue to flock to Texas to take advantage of diverse job opportunities and quality of life amenities.

VERDIN Immigration Law, Dallas TX and Plano TX – E Visa Business Solutions

VERDIN’s business and investor group provides help to clients wanting to establish and/or expand their business operations in the United States. We have helped clients in multiple industries to include: international trade, real estate, restaurants and hospitality, technology, beauty and fashion, retail and services.

VERDIN represents clients in business planning and E visa matters involving real estate ventures, technology start-ups, business acquisitions, or new business formations. See E2 Investment Visa Potential Booming in Frisco TX Area.

Our team is especially focused on forming a strategic relationship with our clients to aid them to succeed in the early planning stages. Many of our clients retain us at early stage planning to maximize opportunities for success.

E1 Visa, E2 Visa or L1 Visa Questions? Please Contact VERDIN Law

Isaul Verdin has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. Verdin focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul Verdin, Founder and Managing Attorney

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Main Number: (214) 741-1700
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Dallas, Texas 75202

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