E-2 Visa Guide for UK Nationals (2026)

Live Update July 2026 New $250 visa fee (pending)

A new U.S. visa integrity fee of at least $250 has been created in law but is not yet being collected. When it takes effect it will be charged on top of the existing visa fee, at the time the visa is issued, and will apply to each E-2 applicant and every dependent separately — so a UK family should budget for it per person. As of mid-2026 the Department of Homeland Security has said implementation requires cross-agency coordination and will be announced in a future publication; it is expected before the end of the U.S. fiscal year (September 30, 2026). This update also reflects 2025 U.S. Department of State guidance that applicants should generally apply in their country of nationality or residence, and the 21 May 2026 USCIS PM-602-0199 memo on adjustment-of-status discretion. UK E-2 applicants should plan around London Embassy processing, change of status, fees, and longer-term green card strategy.

Last reviewed: July 2026 · Authoritative Legal Review by: Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Law School. SRA ID #384468. Registered Solicitor, Member of the Law Society of England & Wales. Reviewed by: Sukanya Raman, Country Head, Davies & Associates.



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This guide walks UK nationals through the E-2 visa — eligibility, the U.S. Embassy London process, costs, the UK residency rule, and how the E-2 compares with other routes.
Looking for a lawyer in London? See our dedicated E-2 visa lawyer London page for partner-led assistance with London E-Visa Unit filings, interview preparation, and UK investor source-of-funds documentation.

Table of Contents

Quick Answer: E-2 Visa for UK Nationals

The E-2 visa allows eligible UK nationals to live and work in the United States by investing in and directing a qualifying U.S. business. UK applicants usually apply through the U.S. Embassy in London and must show treaty nationality, a substantial at-risk investment, a real operating business, control of the enterprise, non-marginality, and evidence of UK residency where required by the London post.

E-2 Visa for UK Nationals: Executive Summary

The E-2 visa is a U.S. investor visa that allows nationals of treaty countries, including the United Kingdom, to invest in and direct a business in the United States. For UK applicants, cases are processed through the U.S. Embassy in London under the rules set out in 9 FAM 402.9.

The key requirements and practical points for UK applicants are summarised below.

  • British citizens can qualify for an E-2 visa. According to the U.S. State Department, the UK has the oldest E-2 treaty, signed in 1815.
  • The E-2 visa allows UK entrepreneurs to live in the U.S. and actively run a business, with freedom to travel internationally.
  • There is no fixed minimum investment. The investment must be substantial, at risk, and committed to a genuine U.S. business. In our experience, London has approved some cases with investments as low as USD 30,000, although outcomes depend heavily on the business type and strength of the application.
  • Investment does not have to be cash. UK fashion businesses have frequently been able to capitalise the value of their brand as an investment through a licence agreement.
  • UK applicants typically apply through the U.S. Embassy in London.
  • London only: UK E-2 applications are handled by the U.S. Embassy in London — including applicants based in Northern Ireland, as the Belfast consulate does not handle E-2 cases.
  • The U.S. business must be at least 50% owned by UK nationals, although ownership can be shared between multiple qualifying investors.
  • Many business types can qualify, including new businesses, franchises, and existing companies.
  • The E-2 visa can be renewed indefinitely as long as the business remains operational and meets E-2 requirements.
  • E-2 visa holders can bring their family, and spouses are eligible to work in the United States.

For filing fees, legal fees, investment planning, and family costs, see our E-2 visa cost guide.

Which E-2 guide should I read?

This page explains the E-2 visa for UK nationals, including the UK residency rule and U.S. Embassy London processing. For a general explanation of the E-2 visa for all treaty-country nationals, see our main E-2 visa guide. For legal representation in London, see our E-2 visa lawyer London page.

Who This E-2 Visa UK Guide Is For

  • UK nationals planning to start a U.S. business.
  • British entrepreneurs buying or investing in an existing U.S. company.
  • UK founders comparing E-2, L-1A, EB-5, and other U.S. business visa options.
  • UK companies sending essential employees to a U.S. subsidiary or affiliate.
  • Families planning a move to the United States through a business investment.

What Types of E-2 Visas Are Available to UK Nationals?

UK nationals are eligible for three types of E-2 visas:

  1. E-2 Treaty Investor Visas for founders and business owners.
  2. E-2 Essential Worker Visas for the key staff of a qualifying E-2 business.
  3. E-2 Dependent Visas for spouses and children.

What Is the Special Condition on UK E-2 Visa Applicants?

There is a unique residency requirement for U.K. E-2 visa applicants that applies specifically to UK nationals under the treaty rules interpreted in London.

  • UK Residency Requirement. UK nationals are generally expected to be resident or domiciled in the British Isles, the Channel Islands, or Gibraltar at the time of E-2 visa application. This requirement derives from the Convention to Regulate Commerce between the Territories of the United States and of His Britannic Majesty, U.S.–Gr. Brit., July 3, 1815 (8 Stat. 228).
  • Practical Approach in London. The U.S. Embassy in London generally applies this rule strictly and usually asks for copies of leases, payroll information, council tax, or utility bills.
  • Applies to Principal Investors Only. This rule does not apply to E-2 visa dependents.

The following video explains the UK special residency rule.

Video: E-2 visa explained for UK nationals: London Embassy process

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 driving licences and mobile 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 at the U.S. Embassy in London.

E-2 Treaty Investor Visas: Developing and Directing a U.S. Business

An E-2 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 "develop and direct" a U.S. business. 8 C.F.R. § 214.2(e)(2); 9 FAM 402.9-6(F).

Can a British Citizen on an E-2 Visa Diversify into Other Businesses?

Yes, if correctly structured.

A British E-2 visa holder is only permitted to work for the E-2 entity for which the visa was approved[3]. However, if that entity is structured correctly and diversifies into multiple businesses, the investor may be eligible to work across those dependent businesses.

Management Companies and Holding Companies: Immigration Law vs. Corporate Law and Tax Planning

Placing several different businesses in one corporate entity can be optimal for immigration planning. However, from a liability protection and taxation planning perspective this can be a disaster. Disagreements between E-2 immigration attorneys and U.S. corporate lawyers are commonplace. Generally E-2 immigration lawyers disfavor the use of holding companies, while corporate and tax lawyers insist on using them.

One solution is to use a holding company that employs staff who provide services to subsidiary businesses, which can work for E-2 visa purposes. In these circumstances, it is critical that corporate and immigration counsel work as a team. Our lawyers sometimes restructure employment so staff move from the subsidiary to the holding company level, allowing the E-2 investor to remain tied to a management company or holding company with multiple subsidiaries. Obtaining an E-2 through a holding company is possible but involves special considerations and planning.

Have a question about the E-2 visa for UK nationals?

Ask Our UK Team ➜

Why Every E-2 Visa Applicant in London Needs to Read the FAM

U.S. Department Of State

The Foreign Affairs Manual ("FAM") guides consular officers during the E-2 visa decision-making process. Reading the FAM is worthwhile for every E-2 visa applicant in London. See 9 FAM 402.9.

In addition to the guidance in the FAM, the U.S. Embassy in Nine Elms in London follows its own E-visa procedures and practical review style. While general E-2 procedures are posted on the U.S. Embassy's website, that guide is not complete. In London, working with a London-based E-2 lawyer with substantial experience presenting E-2 cases at the U.S. Embassy in London is highly beneficial.

E-2 Visa UK Requirements: Eligibility and Core Standards

To qualify for an E-2 Treaty Investor Visa, applicants must meet all the regulatory and evidentiary requirements set out in 8 C.F.R. § 214.2(e) and 9 FAM 402.9. These standards set the core criteria for investors from treaty countries like the United Kingdom: the nature of the investment, the ownership structure, and whether the business is a genuine, operating enterprise.

Key Eligibility Criteria Description References
1. Treaty Nationality The applicant must be a national of a country that maintains a qualifying treaty of commerce and navigation with the United States. 8 C.F.R. § 214.2(e)(3)(i); 9 FAM 402.9-4(A); USCIS Policy Manual Vol. 2 Pt. E Ch. 2 §A
2. Substantial Investment The investor must have made, or be actively making, a substantial investment in a bona fide U.S. enterprise. The investment must be significant in relation to the total cost of purchasing or establishing the business and sufficient to ensure its successful operation. 8 C.F.R. § 214.2(e)(14); 9 FAM 402.9-6(D); USCIS Policy Manual Vol. 2 Pt. E Ch. 4 §B
3. At-Risk Capital The investment funds must be at risk and subject to potential loss if the business fails. Loans secured by business assets generally do not qualify, as they do not expose the investor to true financial risk. 8 C.F.R. § 214.2(e)(12); 9 FAM 402.9-6(C); USCIS Policy Manual Vol. 2 Pt. E Ch. 4 §C
4. Real and Active Enterprise The enterprise must be a real, operating commercial undertaking that produces goods or services for profit. Speculative or idle investments such as undeveloped land or stock portfolios are not eligible. 8 C.F.R. § 214.2(e)(13); 9 FAM 402.9-6(A); USCIS Policy Manual Vol. 2 Pt. E Ch. 3 §A
5. More Than a Marginal Enterprise The business must not be marginal — meaning it must have the present or future capacity to generate more than a minimal living for the investor and their family within five years. 8 C.F.R. § 214.2(e)(15); 9 FAM 402.9-6(E); USCIS Policy Manual Vol. 2 Pt. E Ch. 3 §B
6. Control and Development Intent The applicant must be entering the United States solely to develop and direct the enterprise, typically by owning at least 50 percent of the business or through a managerial or executive position with operational control. 8 C.F.R. § 214.2(e)(16); 9 FAM 402.9-6(F); USCIS Policy Manual Vol. 2 Pt. E Ch. 3 §C

For a detailed breakdown of these principles for UK investors, see our E-2 Core Standards page for UK applicants. It explains how consular officers and USCIS read "substantial investment," "marginality," and "control" under the USCIS Policy Manual, Volume 2, Part E.

Recent London E-2 approvals

Examples of E-2 Visa Approvals in 2026 at the U.S. Embassy in London

Our recent E-2 approvals in London cover a wide range of UK businesses — from fashion and food to recruitment, automotive, and biotech. Successful E-2 cases aren't tied to any one industry or business model.

Between January 2026 and April 2026, examples of successful E-2 matters in London included:

  • April 22, 2026: HeadLight Glasses — a zero-employee case at filing, with qualifying investment based on inventory and Facebook ads. It shows that a carefully prepared low-investment, low-headcount case can still meet London E-2 standards.
  • A men's footwear designer from Harrogate with an investment of USD 78,000.
  • A recruitment business from Scunthorpe expanding into Rome, Georgia.
  • A hat designer from Derby securing a third E-2 essential worker visa by using brand value through a licence agreement.
  • A biotechnology company from London with qualifying investment that included patents.
  • Three separate matters for car dealers, each establishing a U.S. business presence.
  • A fish and chip business expanding from Brighton into Pensacola, Florida.
  • Three separate E-2 matters for young, award-winning fashion designers from the London area.

Across these sectors the pattern is the same: the E-2 works for UK entrepreneurs when the business is properly set up and the investment is real, committed, and well documented.

⚖ Expert Tip: For more on choosing the right legal partner for your E-2 application, see:

Guide to Choosing the Best E-2 Visa Lawyer in 2026

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 petitioner's E-2 visa work, part-time study may be possible.

Where UK Applicants Apply

U.S. Embassy London — Primary Processing Post

All E-2 Treaty Investor Visa applications for UK nationals are processed exclusively by the U.S. Embassy in London. The London Embassy has a dedicated E-Visa Unit that reviews applications for investors, employees, and dependents under both the E-1 (Trader) and E-2 (Investor) categories.

Applicants must first complete Form DS-160 and submit a complete E-2 visa package directly to the Embassy for pre-screening before an interview can be scheduled. Processing times may vary depending on case volume and the completeness of documentation.

Official Source: U.S. Embassy London – E-2 Treaty Investor Visa Information

U.S. Consulate Belfast — Not Authorized for E-2 Visas

The U.S. Consulate General in Belfast does not process E-2 Treaty Investor Visa applications. Applicants residing in Northern Ireland must also apply through the U.S. Embassy in London, regardless of their regional location or nationality.

Official Source: U.S. Consulate Belfast – Official Page

E-2 Visa for Scotland and Edinburgh Applicants

Applicants based in Scotland — including Edinburgh and Glasgow — also apply for the E-2 visa through the U.S. Embassy in London; there is no separate E-2 processing post in Scotland. For Scottish clients, Davies & Associates has an Edinburgh office, so the case can be prepared locally before the London E-Visa Unit filing.

  • 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: U.S. Department of State, Foreign Affairs Manual)
  • 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 U.S. Embassy in London, refer to the U.S. 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 U.S. (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 U.S. at the end of status, per FAM guidance on E visa intent.

E-2 Visa Application Process for UK Nationals

  1. Choose or form the U.S. business. The business must be real, active, and commercial.
  2. Commit the investment. Funds must be placed at risk and tied to the business.
  3. Prepare the business plan and supporting evidence. This includes source of funds, ownership, control, and marginality evidence.
  4. Complete Form DS-160. The principal applicant completes the online non-immigrant visa application.
  5. Submit the E-2 package to the London E-Visa Unit. UK cases are reviewed by the U.S. Embassy in London.
  6. Attend the London interview. Applicants should be ready to explain the business, investment, source of funds, and U.S. operating plan.
  7. Enter the United States and operate the business. E-2 holders must develop and direct the approved enterprise.

The steps above are a summary. For the full step-by-step package — the complete document checklist, the cover-letter structure, and how the London E-Visa Unit expects the bundle to be organised and submitted — see our dedicated guide:

E-2 Visa Application Process for UK Nationals

E-2 Essential Worker Visa for UK Nationals

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 U.S. operations. This visa is commonly used by London and UK companies expanding into the U.S. to bring in trusted specialist staff with unique or critical expertise.

E-2 Visa UK Cost and Investment: How Much Do You Need to Invest?

There is no fixed minimum investment for an E-2 visa. Instead, the investment must be substantial relative to the cost of the business and sufficient to support a real, operating enterprise. For UK applicants, the amount needed varies significantly depending on whether the business is a lower-cost service model or a more capital-intensive operation.

Applicants should also understand the wider E-2 visa costs and fees alongside the business investment itself.

Visa Integrity Fee note: H.R. 1 (the One Big Beautiful Bill Act) created a Visa Integrity Fee of at least $250 for nonimmigrant visa issuance, charged on top of the existing visa fee and applied per applicant, including each dependent. As of mid-2026 DHS has said implementation requires cross-agency coordination and will be announced in a future publication, so UK applicants should budget for it but verify the current State Department and U.S. Embassy London fee instructions before filing. (Sources: Public Law 119-21; Federal Register notice.)

In practice, many UK applicants invest around $100,000 or more to present a stronger case. (9 FAM 402.9)

See 8 CFR 214.2(e) substantial investment rule.

What counts as a substantial investment for an E-2 visa?

A substantial investment depends on the nature and cost of the business. Lower cost businesses may qualify if most or all of the required funds are already committed, while larger or more operationally intensive businesses may require greater capital. The key question is whether the investment makes the enterprise credible, real, and capable of operating.

How Much Does the E-2 Visa Cost for a UK Family?

This is a UK-specific supplement to our main E-2 visa cost guide — start there for the complete fee, legal, and investment breakdown. Below we cover the one thing UK families ask about most: how the per-person government fees add up.

The government visa fees for an E-2 application are charged per person, so the total rises with each family member who applies. For UK nationals applying through the U.S. Embassy in London, the building blocks are the same for every applicant:

  • Visa application (MRV) fee: $315 per person for the E treaty category, paid before the interview and non-refundable. (full fee breakdown)
  • Visa issuance / reciprocity fee: $0 for UK nationals — the United States does not charge a reciprocity issuance fee to UK citizens for E-2 visas.
  • Visa integrity fee: at least $250 per person, not yet being collected (created in law; implementation pending — see the note above).

Spouses and unmarried children under 21 each file their own DS-160 and pay their own fees, which is what drives the family total. The table below shows the government visa fees only — it excludes legal fees, the business plan, and the investment itself.

Who is applying People MRV fee ($315 each) Visa integrity fee ($250 each, pending) Illustrative government total
Investor only 1 $315 $250 $315 now · $565 once the integrity fee applies
Investor + spouse 2 $630 $500 $630 now · $1,130 once the integrity fee applies
Investor + spouse + two children 4 $1,260 $1,000 $1,260 now · $2,260 once the integrity fee applies

Figures are U.S. government visa fees for consular processing in London and exclude legal fees, business-plan costs, reciprocity fees for any non-UK dependents, and the investment itself. For the full breakdown, see our E-2 visa cost guide.

Consular Processing vs. Change of Status to E-2 Status

Instead of applying for an E-2 visa through the U.S. Embassy in London, some applicants already in the United States may be able to request E-2 status from USCIS without obtaining a visa stamp. More details on Change of Status vs. Consular Processing.

Note: longer-term green card strategy is also affected by the 21 May 2026 USCIS PM-602-0199 memo, which reframes adjustment of status as discretionary and points many applicants toward consular processing abroad. The E-2 is a non-immigrant visa, so any green card route should be planned separately and early.

Can I apply for an E-2 visa from outside the UK?

E-2 visas are only issued at U.S. embassies and consulates outside the United States, and applicants generally apply at the post in the country where they live. For UK nationals resident in the UK, that is the U.S. Embassy in London, which runs a dedicated E-Visa Unit. You cannot obtain the visa stamp from inside the United States — filing from within the country is a separate change-of-status route through USCIS, after which you still need a visa stamp abroad to re-enter.

Applying at a U.S. post in a third country (outside your country of residence) is sometimes possible, but many posts prioritise — or restrict E cases to — applicants resident in their consular district, and some decline third-country-national E applications. Because London is experienced with UK E-2 cases and applies the UK residency expectation consistently, UK-resident applicants are usually best served filing there. If you are a UK national living outside the UK, take advice on which post will accept your case before you file.

📖 D&A Guide

Applying for E-2 Status from Within the U.S. — Read our Complete Guide on Form I-129 →

📖 D&A Guide

Applying for an E-2 Visa — Read our Complete Guide to Form DS-160 →

Can an E-2 visa lead to an EB-5 green card? Yes — many UK investors start on the E-2 and later move to the EB-5 Immigrant Investor Program for permanent residence. The E-2 lets you build and run the U.S. business now; the EB-5 is a separate immigrant route to a green card for you, your spouse, and children under 21.

Example: a UK founder opens a U.S. business on an E-2 visa and runs it for several years. As the business grows and they decide to settle permanently, they invest the required EB-5 amount (often into a qualifying project or their own expanded business) and file for EB-5 — converting a temporary E-2 position into a path to a green card, without giving up the company they already built.

Moving from an E-2 to an EB-5 green card? Speak to our EB-5 visa lawyers for UK clients →

How Long Does an E-2 Visa Application Take?

Assuming you have identified the business you wish to use for your E-2 visa application, there remain several phases to an E-2 investor visa application:

  1. Incorporating your business and obtaining necessary corporate documentation (1–8 weeks).
  2. Preparing a business plan (2–4 weeks).
  3. Filing your E-2 treaty investor visa case.
  4. Attending the consular interview. (Current consular waiting times.)

How long is the London E-Visa Unit review? As of early 2026, the E-Visa Unit registration review in London runs at around 45 days from when the complete package is submitted to when the case is accepted and you are invited to schedule an interview — though this floats with the unit’s workload and is subject to change. Counting incorporation, package preparation, the review, interview scheduling, and visa return, most UK E-2 cases run roughly two to four months end to end. Standard appointment wait-time tools do not capture this E-Visa Unit review stage, so check current figures before committing to dates. For a stage-by-stage breakdown, see our E-2 visa processing time guide.

How the E-2 Visa London Process Works for UK Applicants

Applications are prepared and submitted to the E-Visa Unit in London. Once accepted for review, cases are processed in queue order. Applicants should prepare for the interview and for any potential follow-up document requests.

London E-2 Visa Interviews in 2026: What to Expect

Interviews are now more demanding

E-2 visa interviews at the U.S. Embassy in London are no longer as quick or predictable as they once were. According to a March 2025 AILA practice alert, applicants should now expect longer interviews and closer scrutiny.

What has changed

AILA reported that E visa interviews in London are now handled by a rotating group of consular officers rather than a dedicated E visa team. That means adjudications may be less consistent than in the past.

Practitioners have also reported interviews lasting up to 30 minutes, with much more detailed questioning for both business owners and employees.

What E-2 visa officers may ask

Applicants should be ready to answer detailed questions about the business and the investment. These may include revenue in the UK and the U.S., the business plan, startup costs, and the value of the investment.

For employee cases, officers may also ask why the company needs the applicant in the United States, whether the U.S. business is profitable, and whether the applicant understands that the E-2 visa is not a direct path to a green card.

Why this matters

AILA also noted reports of unexpected refusals under INA 214(b). For that reason, applicants should not treat the London E-2 interview as a routine final step.

Summary

A well-prepared application and careful interview preparation are now more important than ever.

Download the March 2025 AILA Practice Alert

Read AILA's update on longer E-2 interviews and increased scrutiny at the U.S. Embassy in London.
Download the PDF

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 derivative visa holders.

Source: USCIS E-2 Treaty Investors

E-2 spouses are employment authorized incident to status and may work for any employer. USCIS policy on E and L spouse employment.

See USCIS Policy Manual on E and L spouse employment authorization.

What Is the Maximum Validity of an E-2 Visa for a UK National?

Maximum Possible Visa Term

U.S. and United Kingdom mannequins

Total Maximum E-2 Validity for UK Nationals is Unrestricted

There is no restriction on the total number of years for which a U.K. national can hold an E-2 visa. (9 FAM 402.9)

UK Nationals Usually Receive Five Year Multiple Re-Entry E-2 Visas

E-2 visas are typically issued to UK nationals in increments of up to a maximum of five years.

Note that this is a maximum, and while rare, E-2 investor visas can be issued for a shorter validity period.[6]

Our Practical Experience with E-2 Validity Periods

In our own UK E-2 practice, nearly all approved UK investor cases have received an initial five-year E-2 visa term, although validity is discretionary and case-specific. Shorter validity periods are possible — for example, one of our cases for a very small business, filed at a U.S. consulate in Australia, was issued for an initial term of two (2) years.

E-2 Status or E-2 Visa Validity Period

Each time a UK national enters the U.S. on an E-2 visa they are usually admitted in E-2 status for up to two years. When the status expires the visa holder must either: (1) extend their status from within the U.S.; or (2) depart and re-enter using a valid E-2 visa.

Contact Davies & Associates — London Office

You can contact our London office using the following details:

Our office is centrally located in London's City business district, serving clients throughout London, Scotland (including our Edinburgh office), and Central and Southern England, with direct liaison to our U.S. offices in New York, Miami, Los Angeles, and Houston.

Basic Corporate Setup and Choice of Business Entity

Opening a business in any U.S. State will require you to have a business address in that State. This business address needs to be a physical address. For E-2 visa purposes we recommend businesses either own or lease appropriate business premises.

What type of Business for E-2?

Many business types are used in E-2 visa cases. The right entity depends on the specifics of the business, but a limited liability company (LLC) is very common. You should also have a properly written employment agreement and basic corporate documentation.

While not required for U.S. E-2 visa purposes, as a U.S. business owner you are also going to want to consider having a registered agent for your business.

Registering your Business

Having established a U.S. business, you will need to open a bank account and obtain a tax registration with the U.S. Internal Revenue Service.

D&A's immigration lawyers are also supported by our firm's corporate and tax lawyers who are able to assist clients with important business set-up and documentation issues.

More Information on Setting Up Your Business

Follow this link to our page on business set-up services.

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 U.S. Business on a B1/B2 Visa

Travelling to the United States to investigate business options is common. This raises the possibility of transitioning to "E-2 Status" from within the United States.[11]

Change of Status to E-2 from Within the U.S.

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.

A change of status is filed with USCIS on Form I-129. Where available, premium processing can be requested to obtain a faster decision on the I-129, though it does not itself grant an E-2 visa for travel.

The U.S. Advantage: Why UK Investors Choose the E-2 Visa

The E-2 visa is widely used by UK entrepreneurs starting or expanding businesses in the United States, particularly in consulting, franchise, retail, service-based, and specialist growth sectors. For British founders, the E-2 visa remains one of the most practical U.S. business immigration routes because it combines operational flexibility, renewable validity, and the ability to build a genuine U.S. commercial presence.

E-2 Visa UK: Key Facts

  • Visa type: U.S. non-immigrant treaty investor visa.
  • Eligible UK applicants: British citizens who meet E-2 treaty nationality and the UK residency expectation.
  • Where to apply: U.S. Embassy in London, E-Visa Unit.
  • Core requirements: treaty nationality, substantial at-risk investment, real operating business, control, non-marginality, and intent to depart.
  • Family: spouses and children under 21 may qualify as dependents; spouses are generally work-authorized incident to status.
  • Validity: UK nationals are commonly issued E-2 visas for up to five years, with repeated renewals possible while the business continues to qualify.

Frequently Asked Questions (FAQ) — E-2 Visa London

What is an E-2 visa?

An E-2 visa (also written as E-2 visa) is a U.S. non-immigrant investor visa that allows nationals of treaty countries — including the United Kingdom — to enter, live and work in the U.S. by investing in and actively managing a qualifying business.

Who qualifies for an E-2 visa?

To qualify, the applicant must be a national of an E-2 treaty country, make a substantial at-risk investment in a real operating U.S. business, and direct and develop that business. For UK cases, applicants should also be prepared to document their eligibility under the treaty rules applied in London.

Can UK nationals apply for the E-2 visa in London?

Yes. All E-2 Treaty Investor visa applications for UK nationals are processed through the U.S. Embassy in London. The U.S. Embassy in London has a dedicated E-Visa Unit that handles investor, employee, and dependent applications.

Do I need to live in the UK to apply in London?

Yes — UK nationals must provide evidence of ongoing UK residency when applying at the U.S. Embassy in London. This is a unique requirement of the UK–U.S. treaty. Acceptable documents include things like UK utility bills, council tax, and lease/mortgage records.

How much investment is needed for an E-2 visa?

There is no fixed minimum investment amount. Your investment must be "substantial" relative to the business you are starting or buying. While consular officers often look for around USD 100,000 as a guideline, lower amounts may be acceptable depending on the type and scale of business.

What happens at the London E-2 visa interview?

After submitting Form DS-160 and your supporting documents to the U.S. Embassy in London, you will be scheduled for a consular interview. The officer will ask about your business, investment, and plans in the United States.

Can family members accompany an E-2 visa holder?

Yes. Your spouse and children under 21 can accompany you as E-2 derivative visa holders. Your spouse may apply for work authorisation in the U.S., and children can attend school.

How long does an E-2 visa last?

E-2 visas for UK nationals are typically issued for up to five years at a time and can be renewed indefinitely as long as the business continues to qualify.

Can I change status to E-2 from inside the U.S.?

Yes — if you are already in the United States under a different visa status, it is possible to apply for a Change of Status to E-2 with USCIS without attending a London consular interview.

What types of E-2 visas are available?

E-2 Treaty Investor Visa — for active owners who invest and direct the business.
E-2 Essential Worker Visa — for key employees of an E-2 business.
Derivative E-2 visas — for spouses and children.

Is an E-2 visa a path to a Green Card?

No — the E-2 is a non-immigrant visa, meaning you must maintain intent to return to the UK when your status ends. However, some E-2 holders pursue other immigrant options (like EB-5) later.

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References

  1. 8 CFR § 214.2 — Special requirements for admission, extension, and maintenance of status (E-2 Treaty Investor Visas).
  2. 9 FAM 402.9-4(A),(B); U.S. Travel Docs UK.
  3. 8 CFR § 214.2 — Special requirements for admission, extension, and maintenance of status (work restriction).
  4. 9 FAM 402.9-9 — Dependents of E-2 Principal Aliens (spouse and children).
  5. USCIS Policy Manual, Volume 10, Part B, Chapter 2 — Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses.
  6. 9 FAM 403.9-3 — E Visas (multiple entry).
  7. 9 FAM 402.9-10 — Treaty Requirements (visa terms).
  8. 9 FAM 402.9-10 — Requirements of the Treaty (UK residency restriction).
  9. 9 FAM 402.9-4(B)(a)(2); USCIS PM Vol. 2 Pt. L Ch. 2(A)(1).
  10. 8 CFR § 214.1 — Requirements for admission, extension, and maintenance of status (visa from within U.S.).
  11. 8 CFR § 248.1 — Eligibility for change of nonimmigrant status.
  12. U.S. Travel Docs — Visa Waiver Program (ESTA).
  13. 8 CFR § 103.7; 9 FAM 403.10-3; U.S. Travel Docs UK 'Visa Application Fee'.
  14. 9 FAM 402.9-10 — Requirements of the Treaty (losing E-2 status upon departure).
  15. 9 FAM 402.9 — treaty trader and treaty investor guidance.
  16. Public Law 119-21, H.R. 1, Section 100007 — Visa Integrity Fee (statutory source).
  17. Federal Register — USCIS Immigration Fees Required by H.R. 1 (Visa Integrity Fee implementation note).
  18. USCIS — Updates Fees Based on H.R. 1.
  19. U.S. Department of State — Fees for Visa Services.
  20. U.S. Embassy London E visa application process.
  21. U.S. Embassy London interview documents for employees of E-1 and E-2 businesses.
  22. U.S. visa reciprocity schedule — United Kingdom E-2 visas.
  23. Department of State visa fee schedule.
  24. Premium processing fees increased March 1, 2026.
Page updates & revision history

Material changes to this guide, most recent first. Dates show when the guidance was reviewed or revised.

  • July 2026: Added detail on the new U.S. visa integrity fee of at least $250 per applicant (and per dependent), charged at visa issuance; implementation is pending a future DHS publication. See references for Public Law 119-21 and the Federal Register notice.
  • July 2026: Noted the U.S. “Gold Card” immigrant program (Executive Order 14351; USCIS Form I-140G) as a separate, higher-cost permanent-residence route — distinct from the E-2 treaty investor visa — for high-net-worth applicants comparing long-term green card options.
  • July 2026: Updated internal cost links to the E-2 visa cost guide and corrected the USCIS spouse work-authorization citation to Policy Manual Vol. 10, Part B, Ch. 2.
  • June 2026: Reflected 2025 U.S. Department of State country-of-residence guidance and the USCIS PM-602-0199 (21 May 2026) memo on adjustment-of-status discretion.

About the Authors

Mark I. Davies, Esq.

Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.

Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.

Area Details
Education: JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training: Completed the 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 and 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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