Choosing an E-2 Visa Lawyer: How to Select the Best E2 Visa Lawyer for Your Case

Last Updated: December 2, 2025 by Mark I Davies, Esq.

This guide and checklist explains the process of choosing an E-2 visa lawyer, what ethical standards apply, how to assess qualifications, and how to identify red flags that protect your investment.

Selecting the right E-2 visa lawyer is one of the most important decisions an investor can make. The E-2 treaty investor visa is a powerful route into the United States, but success depends on preparation, legal strategy, and the professionalism of the lawyer you choose.

Summary

This guide explains how to choose a specialized E-2 visa lawyer, emphasizing consulate-specific expertise (especially for UK/London cases), ethical duties under the ABA rules, and objective ways to verify competence. It details what to ask about experience, success rates, conflicts of interest, team structure, business-plan capability, and communication, and highlights major red flags like guarantees and misuse of “expert.” Costs typically range from USD 5,000–15,000 and often cover three distinct components: immigration legal work, an immigration-compliant business plan, and corporate legal services. The resource includes FAQs, external links, and a comprehensive checklist to help investors evaluate counsel and protect their interests.

Why a London E2 Immigration Lawyer is Especially Important

What is Special in the UK?

There is a special provision applying exclusively to E2 visa applicants from the UK. In the case of E2 visa applicants in London, we especially recommend using an E-2 visa lawyer based in London.

Hiring the Best E2 Visa Lawyer in London and Edinburgh

UK investors who need consulate-specific guidance can review our dedicated London E2 visa lawyer resource. This guide sets out your rights as an E-2 investor and the essential questions to ask before engaging any lawyer.

There is a special provision applying exclusively to E2 visa applicants from the UK. In the case of E2 visa applicants in London, we especially recommend using an E-2 visa lawyer based in London.

UK investors who need consulate-specific guidance can review our dedicated London E2 visa lawyer resource.

This guide sets out your rights as an E-2 investor and the essential questions to ask before engaging any lawyer.

What is the Best E-2 Visa Lawyer?

An Experienced E2 Visa Lawyer

An E-2 visa immigration lawyer is a lawyer who is not only an immigration lawyer but a specialist in E2 visa applications. Lawyers who claim experience in multiple additional practice areas should be viewed with caution. The Best E-2 visa lawyer is a lawyer who has experience handling:

- Multiple E2 Visa Cases in your consulate
- Multiple case involving similarly-sized businesses in the same industry
- Strong record of approvals

Benefits of an Experienced E2 Visa Lawyer

E2 visa law is complex and it is important to select the best E2 visa lawyer for your specific case. Choosing the right E2 visa immigration lawyer can help you through the process and increase your chances of getting approved.
Given that: (1) E2 visas are entirely processed in US consulates; and (2) each consulate has it own processes and requirements. It is essential that an E2 visa lawyer has recent experience with your consulate and Indistry.

Davies & Associates Lawyers

An Investor’s Bill of Rights When Choosing an E2 Visa Lawyer

Under the ABA Model Rules of Professional Conduct, you are entitled to:

  • Competent representation (Rule 1.1)
  • Diligent work and timely progress (Rule 1.3)
  • Clear, responsive communication (Rule 1.4)
  • Confidentiality and secure handling of your documents (Rules 1.6, 1.15)
  • Freedom from conflicts of interest (Rules 1.7–1.10)
  • Transparent, reasonable fees (Rule 1.5)
  • Truthful, non-misleading information (Rule 7.1)

These protections are essential in immigration matters involving your investment, business, and family.

What to Look for When Selecting the Best E-2 Visa Lawyer

Experience Handling E-2 Visa Cases (Rule 1.1 – Competence)

Ask how many E-2 cases the lawyer handles monthly, how much of their practice is dedicated to E-2 work, and whether they have experience across industries and treaty nationalities.

Success Rates and Prior Denials (Rules 1.4 & 8.4)

Ask whether the firm has had E-2 cases denied, why, and what they learned. Ethical lawyers never guarantee approvals and must communicate truthfully.

Independent Verification

There are a number of sites that rank lawyers and provide reviews. None of these sites are “determinative” and are best treated as a “guide.” These include:

  • Avvo.com – Checks bar admissions and enables peer review
  • Google local
  • AILA

Questions to Ask an E-2 Visa Immigration Lawyer

Here are some questions that you can ask when selecting who you will work with:

How many E2 Visa cases have you handled?

Some lawyers practice multiple areas of law while some specialize in investor visas. As with other visa applications, your lawyer should have experience handling E2 Visa cases, as their practical experience can ensure that your case is handled properly, smoothly, and correctly.

Have you or your law firm ever had an E2 Visa case denied?

It is important that you also know the success rate of your immigration lawyer so you can gauge how many cases they have handled successfully.

Do you provide 24/7 access to your clients?

There are law firms that use insecure paper files when handling cases. This means that you have to ask your lawyer to make a copy when you need to access your files. It can create problems when you are in a different location from the law firm, especially when you need to share and access files regularly.

Do you have experience in handling cases in my home country?

The difficulty of an E2 Visa application is dependent on the local procedures and processes of the country where the petition is filed. Your lawyer must have handled cases in your home country so that they are knowledgeable on the local processes.

Are you a member of the AILA?

The AILA or the American Immigration Lawyers Association is a professional association where most immigration lawyers join. It provides continuing legal education, professional services, and expertise to attorneys who practice and teach immigration law.

Are you qualified to prepare a business plan?

A business plan is one of the keys to obtaining an E2 Visa and so, it must meet the requirements of U.S. laws and regulations. It allows the U.S. government to know more about your business and to create a record for future E2 Visa renewals.

How many lawyers will work on my case? Will a paralegal work on my case?

There are law firms with a limited number of lawyers and will often place only one lawyer per case. This is why when the lawyer becomes sick or unavailable, your application is interrupted.

Do you have any connection with any project I will be investing in?

The Cost of the Best E-2 Visa Immigration Lawyer

Cost of an E2 Visa Lawyer – What to Expect

E2 visa fees vary significantly. It is important to understand exactly what is being offered:

  • Are you paying a fee to speak to a lawyer once and then have an immigration paralegal process your file?
  • Are you paying for unlimited access to a senior E-2 Visa lawyer?
  • Where allowed by the consulate, will a lawyer prepare you for your interview and accompany you to the consulate?
  • Are you paying a fixed fee for the entire case, or will the lawyer be charging you by the hour?

At the time of writing, we are aware of E2 visa lawyers charging between USD 5,000 and USD 15,000.

What Is Included in the E-2 Visa Work?

Often, immigration lawyers do not explain that an E-2 investor visa requires three distinct components:

  1. Immigration Legal Work

    Petition strategy, documentation, filing, and consular preparation.

  2. Visa-Compliant Business Plan

    Prepared to immigration standards: job creation, marginality analysis, and detailed financial forecasting. For more information on E2 visa business plans visit our business plans page.

  3. Corporate Legal Work

    Business purchase or formation, operating agreements, employment agreements, and tax ID filings.

Many clients only discover these additional requirements after hiring a lawyer; reputable firms explain the full scope and what is included in the fee.

For more information please follow this link.

Professional Background and Qualifications (Rule 1.1)

Ask where the lawyer trained, the states in which they are licensed, and whether they have any disciplinary history.

Checking whether a lawyer has any disciplinary history is very simple in the US. It is easily obtained by visiting the bar association where a lawyer is licensed. Avvo.com automates this check for you at no cost.

“Not an Expert” – What Lawyers May and May Not Claim

Under ABA Rules 7.1 and 7.4, lawyers may NOT call themselves an “expert” in immigration law unless they hold formal State Bar Certification in Immigration & Nationality Law in:

  • California
  • Texas
  • Florida
  • North Carolina

Unless a lawyer is licensed and certified, calling themselves an “expert” violates ABA ethical rules.

What is allowed:

Truthful phrases such as “focuses on E-2 visas,” “practice dedicated to immigration,” or “substantial experience.”

Using “expert” without certification is a serious red flag.

Team Structure and Continuity (Rule 1.3 – Diligence)

A strong E-2 practice assigns at least two lawyers to your case for continuity. Ask:

  • Will I have access to a partner?
  • Will paralegals handle key tasks?
  • Is any work outsourced offshore?

Business Plan and Financial Expertise (Rule 1.1)

Ask who prepares the business plan, their financial expertise, and whether immigration standards are followed.

For more information on E2 Visa Business plans follow this link.

Communication and File Access (Rule 1.4)

Ask how communication works, how soon questions are answered, and whether there is a secure document portal.

Nationality & Consulate Experience (Rule 1.1)

E-2 outcomes vary by consulate. Ask about your nationality, reciprocity periods, and interview expectations. A firm with an office or lawyer located in the same city as your consulate is likely to have significant E2 visa experience in the local US consulate.

Screen an E-2 Visa Immigration Lawyer for Conflicts of Interest

Conflicts arise when a lawyer’s duties to you clash with obligations to others. Under Rules 1.7–1.10, conflicts must be avoided or fully disclosed.

Common E-2 Conflict Risks

Conflicts of interest arise where a lawyer represents another party related to your case or has another interest in your case other than yours. These can arise where a lawyer is:

  • Representing the seller
  • Representing co-investors
  • Representing franchisors
  • Being paid by third parties
  • Holding an ownership interest
  • Representing a competitor

Protect Yourself

  • Ask who else the lawyer represents
  • Ensure you are the sole fee-payer
  • Request written conflict clearance

Support for Previously Denied Applications (Rule 1.3)

Ask whether the firm has overturned previous denials and how they rebuild weak cases.

  • Will the firm cover an RFE (Request for Evidence) and if so, at what additional cost?
  • Will the firm file an appeal if your case is denied or refused, and at what cost?

Professional References (Rule 7.1)

Ask for references from E-2 clients, ideally from similar industries and treaty nationalities.

What is the duty of an E2 Visa lawyer?

An experienced immigration lawyer ensures that your E2 Visa process is smooth and correctly done. Compared to handling the whole process yourself, hiring a competent and experienced immigration attorney can save you time, money, and stress. Immigration lawyers can also assist you in many ways, including a possible visa renewal in the future.

Overall, your immigration lawyer may help you with:

  • Gathering all the relevant documents required for your visa application;
  • Ensuring that all areas of your application are satisfactorily completed;
  • Assisting you in managing the overall business;
  • Ensuring that you are well informed;
  • Addressing any question or issue you may have;
  • Communicating openly with the immigration authorities;
  • Submitting forms; and
  • Monitoring your visa application.

Frequently Asked Questions (FAQ)

Do I need a business plan for the E-2 visa?

Yes — every E-2 application requires a business plan designed specifically for immigration standards.

Read more → https://www.usimmigrationadvisor.com/the-business-plan.html

Does an E-2 lawyer handle all parts of the process?

Often not. Corporate work (contracts, entity formation, employment agreements, tax IDs) and business-plan drafting may require additional lawyers and professionals.

Read more → https://www.usimmigrationadvisor.com/e2-visa-requirements.html

Can the very best E-2 immigration lawyer call themselves an “E-2 expert”?

No — unless they hold state-bar specialty certification in CA, TX, FL or NC. Otherwise, using the term "expert" violates ABA ethical rules.

Read more → https://www.usimmigrationadvisor.com/e2-visa-faqs.html

Do I need a U.S.-based lawyer?

Not necessarily. Immigration law is federal; what matters is experience with your nationality and your consulate.

In fact, as E2 visas are entirely processed in consulates, a lawyer based in a location close to the consulate involved may often be the best option. This is especially true for E2 visa immigration lawyers in London, UK.

What questions should I ask before hiring an E-2 Visa lawyer?

Ask about partner access, paralegal involvement, offshore work, E-2 case volume, and consulate experience.

Read more → https://www.usimmigrationadvisor.com/selecting-an-e-2-visa-immigration-lawyer.html

Do I need a corporate lawyer too?

Yes — if you are buying or forming a business. Immigration lawyers handle filings; corporate lawyers handle contracts and formation.

Read more → https://www.usimmigrationadvisor.com/the-business-plan.html

How long does an E-2 visa case take?

Timelines depend on business readiness, corporate tasks, business-plan preparation, and consulate scheduling.

A guide to E-2 visa processing times in various consulates is available on the Department of State website. In our experience, E2 visa wait times are typically a little faster than the time on the State Department chart but can also be longer.

What are the biggest red flags when choosing an E2 Visa Immigration Lawyer?

The biggest red flags include:

  • Guarantees of approval
  • Using the word “expert” without certification
  • Vague fee disclosures
  • Paralegals doing key work unsupervised
  • Offshore outsourcing without disclosure
  • No consulate experience

More Information on the E-2 Treaty Investor Visa

You may find these additional resources helpful when researching the E-2 treaty investor visa:

E-2 Visa Lawyer Selection Checklist (Investor Summary Guide)

  1. Licensing & Disciplinary Record
    • ☐ Confirm licensing state(s)
    • ☐ Check disciplinary history
    • ☐ Verify AILA membership
  2. Conflicts of Interest
    • ☐ No representation of seller, franchisor, co-investors, or competitors
    • ☐ Lawyer is paid only by you
    • ☐ No competing interests
  3. Honesty & Transparency
    • ☐ No guarantees of success
    • ☐ Open discussion of prior denials
    • ☐ Clear explanation of fees and scope
  4. Competence & Experience
    • ☐ Multiple E-2 cases per month
    • ☐ Treaty-national experience
    • ☐ Industry familiarity
  5. Nationality & Consulate Expertise
    • ☐ Experience with your nationality
    • ☐ Filed cases at your consulate
    • ☐ Understands reciprocity and officer expectations
  6. Consular Presence & Interview Support
    • ☐ Can attend interview (where allowed)
    • ☐ Consulate familiarity
    • ☐ Knowledge of interview nuances
  7. Diligence & Case Management
    • ☐ Two-lawyer structure
    • ☐ Continuity plan
    • ☐ Supervised staff
    • ☐ Lawyer vs paralegal task clarity
    • ☐ Lawyer availability for meetings
  8. Communication Standards
    • ☐ Regular updates
    • ☐ Secure portal
    • ☐ Collaboration with advisors
  9. Business Plan & Financial Expertise
    • ☐ Dedicated plan team
    • ☐ Immigration compliance review
    • ☐ Accurate financial modelling
  10. Confidentiality & Security
    • ☐ Secure systems
    • ☐ Proper document handling
  11. Support After Denials
    • ☐ Track record overturning denials
    • ☐ Diagnostic method
  12. Professional References
    • ☐ E-2 client references
    • ☐ Matching industry/nationality references

Mark Ivan Davies, Esq.

Senior Counsel & Investment Immigration Specialist

Education & Licensing

  • MBA: Wharton School of Business, University of Pennsylvania. Verify
  • Juris Doctorate: University of Pennsylvania Law School. Verify
  • Licensed US Lawyer: State of Georgia. Verify
  • Licensed UK Lawyer: Solicitor of England & Wales. Verify
  • Professional Association: AILA Member (American Immigration Lawyers Association). Verify

Immigration Track Record & Focus

  • Experience: 15+ years advising high-net-worth investors, entrepreneurs, and families on U.S. immigration solutions.
  • EB-5 Success: Zero denials for clients advised on source-of-funds compliance in EB-5.
  • Global Reach: Hundreds of successful EB-5 cases across Singapore, India, Italy, UAE, Vietnam, and beyond.

Recognition

Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023). Verify

Academic & Professional Engagements

  • Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School, and the Law Society of England & Wales.
  • Frequent speaker at global investment immigration conferences across Asia, Europe, and the Middle East.

Media Commentary

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