How Can I Move to the USA from Australia?

Wanting a New Start in the USA?

If you have been wondering, how can I move to the USA from Australia? it begins with acquiring a US Visa for an Australian Citizen, or a US Permanent Resident (Green) Card.

Both of these options allow Australians to live an work in the US on either a temporary basis (limited by the visa length and US Department of Labor and USCIS regulations) or more permanently in the case of a Green Card, which can also offer a path to naturalization (citizenship).

In this article, Worldwide Migration Partners will outline some of the options for Australians looking to relocate to the United States, including various US visa types for Australian Citizens, a step-by-step overview of the process of application for a US Visa and briefly surmise options for Australians considering moving to the US through a Green Card petition.

Moving to the USA from Australia can bring you new career opportunities, the chance to study at some of the best colleges and universities in the world, and the potential to explore different subcultures in the constantly evolving branches of greater Americana.

How to Move to America from Australia

For Australian citizens there are several options for either permanently or temporarily moving to the United States.

In most cases, Australians will be able to move and live in the USA subject to;

• employment with a US based business in a skilled occupation;
• significant business investment in the case of a Treaty Trader Visa;
• an immediate relative or spouse who is a US citizen, and is willing to sponsor your immigration;
• extraordinary talent in a specific field that is of benefit to a US entity or in the national interest;
• diplomatic duties on behalf of your country of citizenship;
• the US Green Card Diversity Lottery;
• or admission to a US University or College as a student.

In addition to the more routine processes such as organising travel and accommodation, you’ll also need to arrange for the correct visa class and type, or a Green Card petition with the appropriate US immigration authorities.

American immigration can be among the toughest in the world. Australians without criminal convictions or prior arrests can generally travel to the US on the visa waiver program (ESTA), though require a US visa if staying longer than the ESTA waiver period of (90) ninety days.

If an Australian citizen or foreign national is planning to work or study in the United States, a US work visa or US study visa is required.

Whether you’re looking to move for work, education, or are wanting to be closer to family or friends, US immigration law is complex and you should talk to professional immigration lawyers to discuss the options available to you given your background, circumstances and objectives.

Step-by-Step: Applying for a Visa for Work or Study in the United States

Step 1

Apply for a US Visa for Australian Citizens. 

A United States visa is a document that allows legal entry into the US under a specific set of rules, for a specified time period.

The process that will allow you to move permanently to the United States is referred to as a US Green Card petition or immigrant visa. This is different from most US visas, which are considered non-immigrant, and for a temporary period of stay, though some will offer a path of indefinite renewal.

The following are some of the types of US visas an Australian Citizen is able to apply for in order to move to the US:

• Australians wanting to study in the USA would typically apply for a F-1 or J-1 Visa
• Australians wanting to work in the United States will require a US business to sponsor your visa application. This is usually with an E-3 visa especially for Australian Citizens. Check out our guide on US working visas for more information.
• Australians with extraordinary talent can live and work in the US through specific visa classes in the areas of business, science, sports, education, and arts including tv and film.
• Australians wanting to invest and gain employment through business in the USA will typically do so through a Treaty Trader E-1 or Treaty Investor E-2 visa.
• Australians wanting to move permanently to the US, will need to look into a Green Card which will allow them to work or study without the conditions imposed on non-immigrant visas.

Please note we have specified this article for Australian Citizens but we routinely work with foreign nationals of all countries that the United States has entered into visa or reciprocal travel arrangements. The application processes differ so please contact us to discuss your specific circumstances if you are considering moving to the United States.

Step 2

Have sufficient funds to cover your stay in the US, and prepare other supporting evidence.

You may need to prove to US immigration authorities that you have enough funds to cover your initial stay in the United States in addition to other criteria related to your visa.

• If studying, you’ll need to show you’ve got enough funds to cover your tuition and living expenses for the duration of your studies in addition to enrollment and acceptance.
• If you have a job lined up with a US employer, you will need evidence that the company will pay your wages in the United States, and meet other qualifications related to your particular visa category.
• If you are eligible for a US visa based on extraordinary talent, the burden of proof requires significant evidence of your credentials, achievements and skills related to a specific event or field of extraordinary ability, or
• If you are investing in the US you will need to show evidence of intent, including financials and plans on how your business will benefit the US.

During the application process it may also be requested to show other documentation such as proof of bank accounts in Australia, relationships or other information that ties you to your current home, or place of abode.

Step 3

Arrange the requisite documents for the visa type you are applying for.

Make sure that your passport will remain valid for the duration of the visa. Depending on the type and class of visa, you will need to provide various supporting documents to show that you qualify, and are meeting all requirements and eligibility criteria.

Step 4

Pay for and schedule a visa appointment at a US consulate.

Initial visa applications to the United States require an in-person visa appointment at the US Consulate. Make sure you take your passport and all other relevant paperwork to your scheduled visa appointment.

The US Consular Officer will approve, deny or request more information for your visa application during this appointment. On approval your passport is surrendered to the US Consular Officer, and returned to you via certified mail.

Step 5

Once you have had a successful visa appointment, wait for your passport to be returned to you with your new US visa inside.

Usually, it takes about 10 days to receive your visa and passport after your appointment at the Consulate.

Step 6

Book your travel and arrange accommodation.

It’s time to book your trip from Australia to the USA. It is very important you do not book travel prior to receiving your passport and approved visa as delays in processing can occur. 

Step 7

Take out Medical Insurance.

Medical insurance is a must have to cover the duration of your time in the USA.  There is no national health service in the United States and the cost of medical care can be extremely high without insurance. Your employer will be able to offer a company plan or advice as coverage and benefits differ on a state by state basis. 

Step 8

Take all your documentation with you.

You’ll need to show all your immigration documents when you arrive at the US port of entry.  Passport, Visas, and employment or study documents are all required. Your visa grants you admission to the US under specified terms, though the US Customs and Border Protection (CBP) has complete authority over admittance of foreign nationals to the US and will examine your paperwork and visa at the port of entry. 

If satisfied you meet both US entry requirements, and those specific to your visa, The CBP officer will stamp your passport with a I-94 date. The I-94 date and stamp is extremely important because it is the legal period of stay granted in the US, not the date on your visa, which is the time period you can enter the US under the terms of your visa.

Moving to the US and Gaining Permanent Residency through a Green Card or Citizenship

A US Permanent Resident (Green) Card allows to holder to permanently live and work in the US. The US Green Card and immigrant visas are a more limited and involved process than most visa applications. It requires connection through a US family member, spouse, or a more difficult route through a US employer visa to green card process that entails significant time and cost.

Australians with an American spouse would qualify for an Immigrant Visa, or a Marriage based Green Card, which requires different processes and filing compared to visa applications. It is important to note that the U.S. does not have “de facto partner” visa benefits. Partners of non-immigrant visa holders must be married for dependent visa benefits.

Australians with a U.S. Citizen spouse or future spouse should discuss immigrant visa options with a US Immigration Lawyer, as soon as they are considering moving to the US.  The timing of filing, actions prior to filing and during USCIS review are critical in the assessment and positive outcome of your application.

We have omitted a step-by-step application guide in relation to US Green Cards since there are several stages of progression that are specific to the applicant and petitioners circumstances, though there are broad scenarios for marriage based green cards that differ on basic processes for spouses located abroad, or within the US.

Poor understanding or timing of US Immigration Law and USCIS processes, even through no fault, can render the application unsuccessful or untenable, so it is vital you discuss your plans with a US immigration attorney before you proceed.

In some circumstances, American citizenship may be an option through naturalization.  There are three ways forward to become a US citizen;

1: Birth in the United States

Generally, all persons born in the United States automatically qualify for citizenship.

2: Citizenship Through Parents

Generally, for children born overseas or adopted, there are two ways to gain US Citizenship through your parents, one is at birth and the other is after birth. A child born overseas to a U.S. citizen parent or parents must meet certain statutory rules to pass on citizenship, but if the child qualifies then the child becomes a citizen at birth.  A child, including adopted children, that may not be a citizen at birth may also be able to qualify for citizenship under the Child Citizenship Act including possibly through the physical presence of U.S. citizen grandparents in the U.S.

3: Naturalization

If you aren’t eligible for citizen either at birth or through the Child Citizenship Act, then you’ll be looking at Naturalization as the way to gain citizenship.

You may qualify for Naturalization if

• You’ve been a legal permanent resident (green card holder) in the States for at least 5 years, or
• You’re married to a US citizen and have been a legal permanent resident (green card holder) for at least 3 years, or
• Other rare situations for expedited naturalization including those legal permanent residents that are spouses of U.S. citizens that have certain qualifying employment overseas, or naturalization because of service in the U.S. military.

To qualify for Naturalization, you also may need to:

• Pass a civics test on US History & Government
• Be of good moral character
• Demonstrate English language skills
• Attend an Oath Ceremony
• Meet certain other eligibility criteria including continuous residence and physical presence requirements in the U.S., and living in the state/district you will apply.

We hope this overview of how to move to the USA from Australia has given you a better understanding of some of the paths available and processes required. It is highly recommended to review any application you are considering with a qualified US Attorney that understands both the US and Australian migration systems.

If you don’t know where to start on your move to the United States, we’d love to discuss it with you and advise the options available after an assessment of your circumstances. We’re here to help at Worldwide Migration Partners.