Published on Date: November 11th, 2025, including 05 Nov 2025 USCIS policy manual update.By: Mark I Davies, Esq., Managing Attorney, Davies & Associates, LLC, 69 Old Broad Street, Dashwood House, London EC2M 1QS, United Kingdom.
⚖️ Expert Tip: For comprehensive advice on selecting the right legal partner for your E-2 application, consult our specialist resource:
Based in London, our London and Edinbugh-based E-2 visa lawyers assist entrepreneurs, investors, and families from across the United Kingdom. We help client establish successful businesses in the United States. Our Firm was founded by a UK National who emigrated to the US. In 2025 our Managing Partner transferred to London and London became the firm’s global headquarters. In 2025 we also opened an office in Edinburgh lead by resident US lawyer Richard Latta, Esq
A London-Based Global Immigrtaion Law firm Offering Personal Service at Attention
Our firm is a classical example of an E-2 visa business started by a UK investor. In London our leading E-2 visa lawyers offer in-person client care. No client’s case is outsourced to paralegals or off-shore staff, we leverage the strength of our US legal team for local business set-up and relevant services.
The US Advantage: Why UK Investors Choose the E-2 Visa
The world’s largest consumer market: The United States is the single largest consumer economy globally, with annual household consumption exceeding 19 trillion US dollars—about one-quarter of global household spending.
Sources:
U.S. Bureau of Economic Analysis,
Research FDI
The most favorable environment for entrepreneurs: The United States consistently ranks among the best countries in the world to start and scale a business. The Global Entrepreneurship Monitor 2025 reports that 19 percent of U.S. adults are engaged in early-stage entrepreneurial activity—one of the highest rates among high-income economies.
Sources:
Babson College GEM U.S. Report 2025,
GEM Consortium
Infrastructure that supports innovation: World-class universities, research institutions, and advanced infrastructure make the United States a natural hub for innovation.
Sources:
Research FDI,
World Bank Doing Business Archive
Under
8 C.F.R. § 214.2(e), almost any
lawful commercial enterprise may qualify for an
E-2 Treaty Investor Visa, provided it meets three key criteria:
The enterprise is
real and actively operating – it must produce goods or services and not exist solely on paper.
The investment is
substantial and at risk – the investor must have made a significant, irrevocable financial commitment.
The enterprise is
more than marginal – it must generate income beyond providing a minimal living for the investor and their family, or show a clear capacity to do so in the future.
Examples of Qualifying E-2 Businesses for UK Investors
Our UK clients have successfully launched E-2 qualifying ventures across a wide range of industries, including:
Restaurants, cafés, and coffee shops
Consulting and professional-services firms
Manufacturing and biotechnology companies
Retail stores and fashion-design houses
Financial-services and hedge-fund operations
Private-education providers and tutoring centers
Wellness, fitness, and yoga studios
Essentially,
any legitimate, profit-driven business can qualify — provided it is structured, funded, and operated in line with
E-2 visa standards.
Our London E-2 visa lawyers emphasize that to qualify for an E-2 Treaty Investor Visa, applicants must meetTo 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 the
U.S. Department of State’s 9 FAM 402.9. These standards define the essential eligibility criteria for investors from treaty countries such as the United Kingdom, focusing on the nature of the investment, ownership structure, and the operational integrity of the 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.
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.
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.
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.
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.
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.
For a detailed breakdown of these principles and practical guidance tailored for UK investors, visit our
E-2 Core Standards page for UK applicants. This resource explains how U.S. consular officers and USCIS interpret “substantial investment,” “marginality,” and “control” in line with the
USCIS Policy Manual, Volume 2, Part E.
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
comprehensive 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.
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.
For UK nationals,
E-2 Treaty Investor Visas are typically issued for
up to five years and allow
multiple entries into the United States during that validity period.
The five-year visa validity reflects the
U.S.–UK reciprocity agreement, meaning UK treaty investors can freely enter and exit the United States without reapplying, as long as the visa itself remains valid.
Period of Stay
Each time an E-2 visa holder enters the United States,
U.S. Customs and Border Protection (CBP) grants a
two-year period of authorized stay, regardless of the visa’s remaining validity. This duration appears on the I-94 admission record.
If the visa expires while the investor remains in the United States, they may continue to stay lawfully until their authorized period (as shown on the I-94) ends.
Extensions and Renewals
There is
no statutory limit on the number of E-2 extensions. Investors may apply for extensions indefinitely, provided the enterprise continues to meet all
E-2 eligibility criteria — namely that it remains real, operating, and more than marginal.
Extensions can be filed through
USCIS while in the United States (Form I-129) or by
applying for a new E-2 visa at the U.S. Embassy in London if abroad.
International Travel and Reentry
E-2 visa holders may travel internationally during their visa validity period and reenter the United States multiple times. Upon each reentry, CBP typically grants a new two-year period of authorized stay. Dependents (spouse and unmarried children under 21) enjoy the same entry duration and travel flexibility.
Why UK Nationals Often Need a London-Based E2 Lawyer
All E2 visas in the UK are processed in London. As the UK has a unique E2 visa qualification rule and London has unique processes UK applicant are strongly advised to retain a London-based E2 visa lawyer.
London-Based UK Applicants Applying from Within the United States
Applicants who are
lawfully present in the United States in valid nonimmigrant status may apply to
change or extend status to E-2 classification by filing
Form I-129, Petition for a Nonimmigrant Worker with
U.S. Citizenship and Immigration Services (USCIS).
Eligibility to Change Status
Individuals in most lawful nonimmigrant categories—such as F-1, H-1B, L-1, or B-1/B-2—may request a change of status to E-2, provided they have maintained lawful status and not engaged in unauthorized employment.
ESTA Entrants (Visa Waiver Program)
Entrants under the
Visa Waiver Program (ESTA) cannot change or extend status while in the United States. They must depart and apply for an E-2 visa abroad, typically through the
U.S. Embassy in London.
2025 Update – Department of State Guidance
On
6 September 2025, the
U.S. Department of State announced a new
policy directive clarifying that
nonimmigrant visa (NIV) applicants—including E-2 Treaty Investors—should apply in their country of nationality or legal residence, rather than at a third-country post.
The update was published on the official
Travel.State.Gov NIV News page under the title “Adjudicating Nonimmigrant Visa Applicants in Their Country of Residence.”
The
U.S. Embassy & Consulates in the UK page now states: “Applicants for U.S. nonimmigrant visas should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of residence or nationality.”
Professional organizations such as
NAFSA and legal sources (Visa Lawyer Blog, Visa Verge) confirm this guidance took effect immediately and aims to reduce third-country national (TCN) processing.
UK-Specific Treaty Note
The
E-2 Treaty Investor Visa is available to
“inhabitants of British territory in Europe,” as specified in the
9 FAM 402.9-10(A). This definition covers individuals who are
nationals of the United Kingdom (excluding colonies and dependencies), meaning that
UK citizens ordinarily resident in England, Scotland, Wales, or Northern Ireland qualify for E-2 treaty investor status.
Territory Status
Examples
Covered
United Kingdom of Great Britain and Northern Ireland
Not covered
British Overseas Territories (e.g., Bermuda, Cayman Islands, Gibraltar) unless a
separate qualifying treaty exists between the United States and that territory
Practical Note for UK Applicants: For immigration purposes,
E-2 eligibility is based on nationality, not residence. UK citizens holding dual nationality should apply under the treaty country corresponding to the passport used for the E-2 application.
Costs
Application Fees
The
E-2 Treaty Investor Visa requires payment of a
Machine Readable Visa (MRV) fee, currently US $315. This fee applies to all applicants and must be paid before scheduling a visa interview.
For
most UK nationals, there is no additional visa issuance fee, as the U.S.–UK
reciprocity agreement waives this charge. However, applicants who hold
dual nationality or
non-UK passports should verify applicable reciprocity fees before applying.
Fixed fee includes attorney time, case strategy, and consular representation
Business Plan
1,500 – 3,000
Prepared by E-2-specialist consultants
Entity Formation / EIN
800 – 1,200
Optional; handled by U.S. corporate team
MRV (Government Fee)
315
Per applicant
Dependent Processing
150 – 300
Spouse/children (if applicable)
Other Potential Costs
In addition to U.S. government filing fees, E-2 applicants should anticipate
associated business and professional costs tied to establishing and maintaining a qualifying U.S. enterprise. These may include:
Legal fees – preparation or review of the E-2 application, incorporation documents, and investment evidence
Incorporation costs – registering a new U.S. entity, obtaining a tax identification number (EIN), and opening a business bank account
Business plan preparation – a professional five-year business plan demonstrating viability and compliance with E-2 standards
Insurance and administrative costs – including general liability, health, or workers’ compensation insurance, as well as bookkeeping and payroll services
Local licenses and taxes – fees for business licenses, permits, or state and municipal tax registrations, depending on location and industry
Courier and delivery fees – when using the U.S. Embassy London’s approved document courier service
Medical examination fees – for dependents, if required
Summary for Visa Issuance Costs for UK Applicants
Concept
Details
MRV fee
US $315
Issuance fee
None (for most UK nationals)
Additional costs
Legal, business setup, insurance, and licensing expenses vary by case and location
For a comprehensive breakdown of expected expenses, budgeting examples, and detailed guidance on investment allocation, visit our
E-2 Visa Costs page for UK applicants.
Davies & Associates E2 Visa Lawyers in the United Kingdom
Davies & Associates, E2 Visa Lawyers in London
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.
Davies & Associates, E2 Visa Lawyers in Edinburgh
We also maintain an Edinburgh office at 14 Rutland Square, Edinburgh EH1 2BD, where Richard Latta, Esq. (AILA member) 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.
London offices:
Edinburgh Offices:
Meet Your London Based E2 Visa Lawyer for Consular Interview Preparation in Nine Elms
Meet with a
Davies & Associates E2 treaty investor visa lawyer for tailored interview preparation directly opposite the
US Embassy in London in the Nine Elms district. Our London team helps you rehearse key questions, review your application package, and refine the way you present your business and investment. After your consular appointment, we offer a structured debrief to capture officer feedback and plan any next steps.
In 2022, Davies & Associates announced an interview preparation suite opposite the US Embassy. Our E2 visa attorneys will welcome clients before the interview and debrief them afterward at:
There’s no fixed minimum, but the investment must be “substantial” relative to the business type and sufficient to ensure its successful operation. The capital must be at risk and irrevocably committed.
Both are allowed. You may start a new U.S. company or acquire an existing enterprise. Our E-2 visa lawyers in London help assess which structure suits your goals best.
5. How long does the E-2 visa last?
For UK citizens, the visa is typically issued for five years, with two-year admissions per entry. You can extend indefinitely if your enterprise remains active and compliant.
This guide is provided for informational purposes only and does not constitute legal advice. Immigration outcomes depend on the specifics of each case, and E-2 investor visa applications are subject to USCIS review and approval. Prospective investors should consult a qualified U.S. immigration attorney before making any decisions regarding investment or immigration strategy.
(Source: U.S. Department of State, February 2025 Consular Processing Policy Update.)
Attorney Credentials (Mark I Davies, Esq.)
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.
Area
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
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for businesses, investors, individuals, and families.
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.
E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.
EB5 Visa Client
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.
Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.
Parent of 2 EB5 Visa Holders
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.
L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.
Looking to relocate or having trouble with a visa
applicaton?
We are known for our creative solutions that obtain
"impossible" visas, we solve the most
complex immigration problems for business, investors, individuals and families.
