An E-2 visa is an investor visa which allows the national of a treaty country to direct and control a business in the United States.
This guide explains special conditions that apply to UK Nationals who are applying for an E-2 visa together with the procedures in London.
A detailed guide to E2 visa costs can be read here.
What Types of E-2 Visas are Available to UK Nationals?
The E-2 visa is a non-immigrant investor visa. It can also be thought of a s US
business visa. The E-2 visa USA program allows both UK business owners and their UK
National workers to obtain long-term US visas.
UK Nationals are eligible for two types of E-2 visas:
- E2 Treaty Investor Visas
- E2 Essential Worker Visas
Key takeaways for UK nationals:
* Must be resident in UK and intend to return.
* No fixed minimum investment but must be substantial relative to business size.
* Spouse & children under 21 qualify; spouse can obtain work authorisation.
* Visa term up to 5 years; renewable indefinitely while business operating.
* Major steps: business formation, investment, consulate interview or change of status.
Key Takeaways for UK Applicants
[1:44] The UK Exception: Unlike most other countries, UK nationals must prove ongoing physical residency in the UK to qualify.
[2:26] Accepted Evidence: Use utility bills, council tax records, payslips, and mortgage/lease agreements.
[3:05] What NOT to use: UK driver licenses and cell phone bills are not accepted as proof of residency.
View Full Video Transcript (for AI/Accessibility)
[00:00:03] Hi everyone, my name is Verdi Atienza... I head the E-2 visa practice team at Davies & Associates. The E-2 visa is a popular option for entrepreneurs looking to develop a business in the U.S.
[00:01:58] There is one major exception for nationals of the United Kingdom: the treaty requires ongoing physical residency.
[00:02:26] Proof of residency includes local utility bills, council taxes, current lease/mortgage payments, and bank statements showing local transactions.
[00:03:05] Note: Driver licenses, car ownership, and phone bills are not acceptable evidence for the consulate.
E-2 Treaty Investor Visas: Directing and Controlling a US
Business.
An E2 Treaty Investor Visa is a non-immigrant visa that allows the holder to come to
the United States[1] for the purpose of setting-up or acquiring and then “directing and
controlling” a U.S. business.
It is important to note that a U.S. E-2 visa holder is only able to work in the E-2
business for which the E-2 visa was filed[3]. Correctly structured that E2 business can
diversify into multiple different businesses, but the E-2 visa holder can only work
in those businesses.
Can I Study or Take a Degree While on an E-2 Treaty Investor Visa?
An E-2 visa holder is not able to engage in formal studies that are unrelated to the
applicant’s E-2 work or work for unrelated entities. However where a degree or course of study is relevant to the a petioner’s E-2 visa work then part-time study may be possible.
E2 Essential Worker Visas: The Specialist Worker
An E-2 essential worker visa allows a U.K. national to come to the United States to work in a business owned by a UK National.
E 2 Essential Worker Visa: Specialist Worker (UK Focus)
An E-2 Essential Worker visa allows a UK national to work in the United States for a business owned and controlled by UK nationals, where the worker’s skills or role are essential to the company’s US operations. This visa is commonly used by London and UK companies expanding into the US to bring in trusted specialist staff with unique or critical expertise.
Who Qualifies:
You must be employed by an E-2 treaty investor business that is majority UK owned. (Source: USCIS)
You must have a role that is executive, supervisory, or requires specialised skills essential to the US branch’s success. (Source: Richards & Jurusik Immigration)
You must share the same nationality as the E-2 investor company (UK passport). (Source: USCIS)
The US visa officer will evaluate whether your expertise is genuinely essential to the company’s US operations rather than easily available locally. (Source: Richards & Jurusik Immigration)
Key Authority:
The standards for essential employees are set out in the Foreign Affairs Manual (FAM) section for E visas. See 9 FAM 402.9 for treaty investor and employee criteria. (Source: Family Immigration Services)
The underlying E-2 nonimmigrant classification and eligibility criteria are in 8 CFR. (See USCIS E-2 Treaty Investors page for regulatory links). (Source: USCIS)
For detailed application steps at the UK consulate in London, refer to the US Embassy London E-2 visa page. (Source: U.S. Embassy in the United Kingdom)
Benefits:
Up to five years of status, renewable while the business continues to qualify. (Source: USCIS)
Spouse may apply for work authorisation in the US (via USCIS). (Source: USCIS)
Children under 21 may accompany you but cannot work. (Source: USCIS)
Important: This visa is nonimmigrant, meaning you must maintain intent to depart the US at the end of status, per FAM guidance on E visa intent. (Source: Family Immigration Services)
How much do I Need to Invest for an E-2 Treaty Investor Visa?
While there is no minimum investment required by the law your investment must be “substantial” in relation to the business, what is “substantial” will vary from business to business. While an investment of USD 100,000 may be “substantial” for a small coffee shop it is unlikely to be held to be “substantial” for a factory employing over 500 workers.
While US consular officers are guided to look for a minimum investment of USD 100,000, investments of a lower amount are frequently approved.
Consular Processing Vs. Change of Status to E-2 Status
What is the most Important part of an E-2 Visa Application?
The business plan is probably the most important part of the E-2 visa application.
Much of the secret of E-2 success lies in convincing the consular officer that the applicant has a real business which is either currently operating or capable of immediately entering operation.
Can I bring my Family to the U.S. if I am on an E-2 Visa?
You are able to bring your spouse and children under the age of 21[4] to the United
States as E-2 derivate visa holders.
Unlike the principal E-2 visa holder the holder of an E-2 derivative visa can obtain
general work authorization[5] and work for any business or engage in a course of
studies. This often necessitates careful planning when deciding which member of a
married couple is to be the primary E-2 visa applicant.
How Long Can I hold an E-2 Visa for?
Maximum Possible Visa Term
There is no restriction on the total number of years for which a U.K. National can hold an E2 visa. Multiple entry E2 visas are issued to U.K Nationals in increments of up to a maximum of five years. Remember this is a maximum and wile rare, E-2 investor visas can be issued for a shorter validity period. [6]
Our Practical Experience with E2 Validity Periods
While other firms report lower approval periods to date all of our firm’s U.K. E-2 visa applicants except one have received an initial E-2 visa term of five (5) years. The one and only exception was a case filed for a very small business in a US Consulate in Australia where an E-2 visa was issued to a U.K. National for an initial term of two (2) years.
Are there any Special Conditions on UK E-2 Visa Applicants?
Yes, there is a unique provision requiring UK residency.
The terms and conditions under which the national of any country can obtain an E-2
visa are dictated by the terms of a treaty between the country in question and the
United States.[7]
The Law: Residency Restriction on UK Nationals
The treaty between the United Kingdom and the United States contains a provision that
results in a residency restriction on UK E-2 visa applicants. This residency
restriction requires UK E-2 visa applicants to be resident in the mainland United
Kingdom.[8] This therefore raises a question about UK passport holders who are not
resident in the United Kingdom.
Basic Corporate Set-Up and Choice of Business Entity
Opening a business in any US State will require you to have a business address in that
State. This business address needs to be a physical address. For E2-visa purposes we
recommend businesses either own or lease appropriate business premises.
What type of Business for E2?
A variety of types of businesses are used in E2-visa cases. While the right type of
corporate entity depends on the specifics of the business the use of a limited
liability company (LLC) is very common. A business is also well advised to have a
property written employment agreement and basic corporate documentation.
While not required for US E2 visa purposes, as a US business owner you are also going
to want to consider having a registered agent for your business.
Registering your Business
Having established a US business you will need o open a bank account and obtain a tax
registration with the US Internal Revenue Service.
D&As Immigration lawyers and also assisted by our firm' corporate and tax lawyers who
are able to assist clients with important business set-up and documentation issues.
Can I apply for an E-2 Visa from Within the United States?
It is NOT possible to obtain ANY visa from within the United States[10]
Investigating your US Business on a B1/B2 Visa
Travelling to the United States to investigate business options is common. This
raises the possibility of transitioning to “E2 Status” from within the United
States.[11]
Changing of Status to E2 from Within the US
It is possible to “change status” from another visa status to E-2
“status” from within the United States. For example, an applicant who
enters the United States on a B-1 visa to investigate setting-up a business might
later be able to “change status” to E-2 status and lawfully operate a
business that has been formed.
Davies & Associates E2 Visa Lawyers in the United Kingdom
Davies & Associates is a London-based US immigration law firm recognised as a leading E2 visa lawyer London and E2 treaty investor visa London specialist practice. Our team of US-qualified attorneys assists UK nationals with every aspect of establishing or acquiring a business in the United States and securing an E-2 Treaty Investor Visa.
Our London office is located at 69 Old Broad Street, Dashwood House, London EC2M 1QS. You can reach our London team on +44 20 3884 1812 for consultations and case support.
We also maintain an Edinburgh office at 14 Rutland Square, Edinburgh EH1 2BD, where Richard Latta, Esq. serves as Managing Attorney. The Edinburgh team provides dedicated E-2 visa services for clients across Scotland and northern England. Richard and his team of E2 treaty investor visa lawyers cna be reached at +44 131 3920686
Backed by our extensive US network of corporate and tax lawyers, Davies & Associates offers comprehensive, end-to-end guidance—from US business formation or acquisition through to E-2 visa filing and interview preparation.
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar.AILA Member.
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Details
Education
JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training
Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice
Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world’s largest international law firms
Immigration Track Record
15+ years advising HNW investors |
Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally
Recognition
Named a
Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements
Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences
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I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.
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I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
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Looking to relocate or having trouble with a visa application?
We are known for our creative solutions that obtain
"impossible" visas, we solve the most
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