The Essential Guide to Getting a U.S. Green Card for Australian Citizens

Are you an Australian citizen who’s been thinking about relocating to the United States?

Many other Australians seeking new career, educational, or personal opportunities have made the move and are now living the American dream as permanent residents or citizens. Given the shared language and cultural similarities, relocating to the United States is generally an easier change for Australians than for some others.

You can’t make the transition to living in the United States automatically, though. To live in the country permanently, you must receive a U.S. Green Card.

So, you may be wondering, how can Australians gain U.S. lawful permanent resident status?

In this article, we’ll explain what options are available for Australians who want Green Cards, how the application process for each option works, and how EB5AN can help you throughout this process.

Can I Convert an E-3 Visa to a Green Card?

The E-3 visa for specialty occupation workers is a temporary work visa available for the exclusive use of Australian citizens.

An Australian can receive an E-3 visa if they receive a U.S. job offer to perform services in a specialty occupation. To qualify, the specialty occupation requires theoretical and practical application of a body of highly specialized knowledge. In addition, the Australian must have at least a bachelor’s degree in the field or an equivalent qualification.

An Australian national who has received an E-3 visa may convert it to a Green Card via one of the following routes:

• Marriage.
• Employer sponsorship.
• Applying for an EB-5 investment visa.

Of course, an Australian may qualify for a U.S. Green Card with or without an E-3 visa.

5 Options for Australian Citizens to Get Green Cards

Australians can choose from among multiple pathways to U.S. lawful permanent residence. Here are some common routes and what you should know about what each one entails.

Marriage-Based Visa

An Australian who marries an American citizen or permanent resident can receive a marriage-based Green Card.

This is one of the easiest and fastest routes to lawful permanent residency. Through this route, qualified individuals can be approved for Green Cards in several months.

However, it must be a genuine marriage, meaning it must not be established in the United States solely to obtain a Green Card. In addition to the loss of the individual’s Green Card, illegitimate marriages can also result in criminal penalties.

To get your marriage-based visa approved by United States Citizenship and Immigration Services (USCIS), you must do the following.

• Complete and submit accurate paperwork.
• Prove that the marriage is valid. Such evidence can include but is not limited to correspondence, shared living arrangements, and financial accounts.

Australian nationals who marry Americans can obtain permanent residency via one of the following ways.

Get Approved for a Fiancé(e) Visa

If you’re an Australian who is currently outside of the United States but you want to marry inside the United States, you can apply for a fiancé(e) visa by submitting Form I-129F, Petition for Alien Fiancé(e).

Approval will give the fiancé(e) a K-1 visa. This will authorize them entry to the United States for up to 90 days so the marriage ceremony can happen.

Marry Overseas

If you’re an Australian who wants to marry an American outside of the United States, the American spouse will have to file Form I-130, Petition for Alien Relative, to make the marriage official.

Alter U.S. Immigration Status

If you’re an Australian fiancé(e) currently located in the United States on a different immigration status, an approved Form I-130 can allow you to remain and get married in the country with a marriage visa.

Key Documents

To be approved for a marriage-based visa, you must fill out and submit the following documents:

• Form I-864: Serves as proof that the American spouse can support the Australian spouse financially. The form can be filed free of charge.
• Form I-485: Allows the Australian spouse to adjust status if they are already inside the United States. File Form I-485 and pay the filing fee soon after the marriage.

Family Sponsorship Visa

An Australian may relocate to the United States using a family sponsorship visa if they can fulfill the eligibility criteria. This means an Australian must belong to one of the categories below.

Have Eligible Immediate Relatives

You can avoid a visa backlog by qualifying for and applying for a family-based visa under the immediate relative category. This is possible for an Australian who meets one of the following criteria:

• Married to a U.S. citizen.
• A parent of a U.S. citizen.
• An unmarried child under 21 of a U.S. citizen.

Qualify Under Family Preference

The family preference category is a related category. This route usually takes longer, though, and there is a numerical cap on the number of visas approved under it each year.

An Australian who meets one of the following criteria may be eligible for a family preference visa:

• Married son or daughter of a U.S. citizen.
• Unmarried son or daughter of a U.S. citizen.
• Sibling of a U.S. citizen.
• Son, daughter, or spouse of a U.S. lawful permanent resident.

Having one of the relationships above with a U.S. citizen also means the Australian applicant’s spouse and minor children can be approved for family preference visas, too.

The U.S. citizen or lawful permanent resident who sponsors the Australian applicant will have to do the following to get a family-sponsored Green Card approved:

• File Form I-130 to start the immigration process.
• File Form I-184 to prove the sponsor can support the relative financially.
• Gather and file other relevant supporting documentation.

If the Australian applicant is located in the United States, they will have to submit Form I-485 to adjust status. An applicant who is outside of the United States should submit Form DS-260 and be ready to participate in an interview at a U.S. consulate or embassy in Australia.

Expected processing times may vary widely depending on factors such as your family preference category, the accuracy of your paperwork, and the personnel at the U.S. government offices handling your application.

Diversity Visa Lottery

Those who were born in Australia have the option to apply for a U.S. visa under the Diversity Visa Lottery Program, which is also called the Green Card Lottery.

Each year, the U.S. Department of State provides 55,000 visas to individuals from countries that have had low immigration rates to the United States. Australia is one of those countries.

More details on this route are available here. There is no application fee. It usually takes one to two years for an applicant to be approved after submitting their paperwork.

However, being selected comes down to luck, and the competition can be fierce. This is not an immigration option you can count on.

An employment-based Green Card is another possibility for some Australians.

Immigrant Work Visas

An Australian citizen with relevant training and work experience may be eligible to receive one of the immigrant work visas described below.

Employment-Based First Preference (EB-1)

EB-1 visas are divided into three subcategories:

• EB-1A: Has extraordinary ability in the sciences, education, business, athletics, or arts.
• EB-1B: Was recognized for excellence as a researcher or professor.
• EB-1C: Has worked as a multinational manager or executive.

EB-1 approval times vary, but applicants who can show they have one of the sets of qualifications above usually get approved more quickly than those who apply under other immigrant work visas.

The EB-1 category also offers a key time-saving advantage: Applicants don’t need labor certification approval from the Department of Labor.

Employment-Based Second Preference (EB-2)

An Australian can get an EB-2 visa if they meet one of the following qualifications:

• Possess an advanced degree (at least a master’s degree or a bachelor’s degree with years of related job experience).
• Show exceptional ability in the sciences, business, or arts.
• Are eligible for a national interest waiver.

It usually takes more time to process an EB-2 visa application than an EB-1 application. An EB-2 applicant typically needs to receive a job offer, and their employer needs to get a labor certification, both of which add time to the process.

However, there is an exception. Select EB-2 applicants are eligible for the EB-2 national interest waiver (NIW). Such an individual must have specific expertise that is critical to U.S. national interests and agree to work in that field after moving to the United States.

Employment-Based Third Preference (EB-3)

An Australian citizen may qualify for an EB-3 visa if they are one of the following:

• Possess an advanced degree (at least a master’s degree or a bachelor’s degree with years of related job experience).
• Show exceptional ability in the sciences, business, or arts.
• Are eligible for a national interest waiver.

To get approved, an EB-3 applicant will also need a U.S. job offer that has passed the labor certification process. Depending on your circumstances, it may take a long time for such an application to be processed. Some Indian EB-3 applicants, for example, have been waiting for visas since 2012.

How to Apply for an EB-1, EB-2, or EB-3 Visa

Keep the following steps in mind if you’re considering one of these immigrant work visas:

• The sponsoring employer of the typical EB-2 or EB-3 applicant should apply for a PERM labor certification from the Department of Labor. This certification demonstrates that no U.S. person was qualified and available for the job offered to the Australian citizen. There are no labor certification or employer sponsor requirements for an EB-1 or EB-2 national interest waiver application.
• The sponsoring employer will file Form I-140, Immigrant Petition for Alien Worker, to USCIS in some cases.
• Compile and submit relevant documentation, such as evidence of experience and capability.
• Pay associated filing fees.
• Participate in an interview at a U.S. embassy or consulate.
• Submit Form I-485 if located in the United States or DS-260 if outside of the United States.

You also may pay a certain fee and apply for premium processing of an EB-1, EB-2, or EB-3 application.

Employment-Based Fifth Preference (EB-5)

Australians should seriously consider the EB-5 Immigrant Investor Program as a way to gain lawful permanent residence in the United States.

Instead of being employment or skills based, EB-5 entails making a qualifying investment in a U.S. business. The typical minimum investment amount is $1,050,000, but investors may qualify for a lower amount of just $800,000 by funding projects in targeted employment areas (TEA) where the job creation need is greatest.

Australian investors who are approved can get U.S. Green Cards for themselves, their spouses, and their children under the age of 21. This allows them to gain all the benefits of permanent residency in the United States.

Benefits of the EB-5 Program

Australian nationals can enjoy certain advantages over other visa options by pursuing the EB-5 pathway. These benefits include the following, among others:

• An established application process that has reliably delivered Green Cards to foreign nationals since the 1990s.
• Easy eligibility criteria for most foreign nationals who can invest $800,000 and pay smaller related program fees.
• Low financial and immigration risk for EB-5 investors who work with a USCIS-approved regional center.

EB-5 Program Requirements

EB-5 visa approval depends on convincing USCIS that a foreign investor has done the following:

• Invested money that was legally sourced.
• Kept their capital “at risk”—that is, their investment had the potential for gain or loss and stayed invested in a qualified U.S. business called a new commercial enterprise for a minimum of two years.
• Created at least 10 full-time jobs for U.S. workers that lasted for at least two years.

An Australian investor can receive U.S. permanent residency after meeting these benchmarks and getting their approval notification. The Australian national and their eligible family members will then be able to live, work, and travel freely in the United States.

Here are some of the key steps within the EB-5 application process:

• Decide on an Investment Approach: Invest money either directly or via a regional center. Working with a regional center is the best choice for nearly all EB-5 applicants. EB5AN offers high-quality regional center projects all over the United States.
• Gather and File Paperwork: Be ready to file copies of required documentation like your birth certificate, passport, marriage certificate (if applicable), bank statements, business records, and loan certificates. Complete all required forms and respond promptly to requests for information.
• Invest in a Project: As previously mentioned, an EB-5 applicant typically invests at least $1,050,000. However, an applicant who funds a project located in a TEA qualifies for a discounted amount of $800,000. In addition, investing in a TEA can help investors avoid visa backlogs, and rural TEA projects also benefit from priority processing.
• Submit the Form I-526/I-526E Immigrant Petition: Direct investors should file Form I-526, while regional center investors should file Form I-526E. Immigration lawyers can provide valuable assistance with this step of the process.
• Submit Form I-485 or DS-260: Applicants who are located in the United States in a valid nonimmigrant status should submit Form I-485 concurrently with Form I-526E, which saves time. Those who are outside the United States should file Form DS-260 online. Getting either approved means you will receive a conditional Green Card to stay in the United States for two years. You can also get an employment authorization document to work in the U.S. by filing Form I-765 and advance parole, which lets you travel abroad, by filing Form I-131.
• Submit Form I-829: File Form I-829 along with evidence that you fulfilled all program criteria to lift conditions on permanent residency. Approval will grant you a renewable 10-year Green Card.

Make Your Move From Australia to the United States With EB5AN

If you’re an Australian looking to start a new life in the United States, you should strongly consider the EB-5 program for yourself and your loved ones.

As a Green Card holder, you would gain the ability to live and work wherever you wish in the country. Other benefits include access to the U.S. healthcare, educational, and retirement systems.

To give your application the best chance of approval, make sure to partner with experienced EB-5 professionals.

To learn more about the EB-5 program or to start your application process, book a free call with us today.