Our E-2 visa lawyers in London advise UK entrepreneurs and investors on U.S. treaty investor visa applications through the U.S. Embassy in London. Our London-based team works directly with clients across the UK to structure, prepare, and present E-2 visa applications.
E-2 Visa Lawyers in London: Our E-2 Client Charter
Our E-2 lawyers exclusively practice investment visa law. In London, our lawyers advise UK entrepreneurs, investors, and families on E-2 visa applications presented through the U.S. Embassy in London.
All of our E-2 visa lawyers are licenced to the practice of law in the United States.
Every client works directly with four of our experienced lawyers.
Our lawyers do not outsource their legal work.
Our lawyers do not use unlicenced case managers on any file.
Unlike competitors, our Managing Partner will always be a licenced E-2 lawyer.
We are a professional law firm, not a marketing hub.
We coordinate the legal, business, and consular aspects of each case, including business formation, investment structuring, and E-2 business plan preparation.
Appointments are available in person, by phone, or online. Our UK offices are in central London, Milton Keynes, and Edinburgh.
A London-Based U.S. Immigration Firm with First-Hand E-2 Experience
Our firm reflects the kind of cross-border structure that can qualify for an E-2 visa. Founded by a UK national, we understand the E-2 route both as lawyers advising clients and as a UK-owned business operating in the United States. In London, we provide direct client care while drawing on the strength of our U.S. legal team for company set-up and related support.
An E-2 Application Is Never Just an Immigration Filing
An E-2 application is never just an immigration filing. Every case depends on a U.S. business being properly formed, documented, and ready to operate. That can involve company formation, licences, leases, employment agreements, tax coordination, and a credible business plan. Our London team works closely with our U.S. business, tax, and immigration lawyers so clients receive coordinated support across the legal and practical elements of the case.
Direct Access to Senior E-2 Lawyers in London
Clients working with our London team have direct access to senior E-2 lawyers throughout the process. We regularly advise clients across the UK, not only in London, and are available for calls and meetings as needed. As clients establish and grow their U.S. businesses, they can also draw on our U.S.-based team for related legal support and practical guidance.
E-2 Visa Lawyers Serving British Applicants
This page explains the role of specialist London-based E-2 visa lawyers in British E-2 visa cases.
For a complete overview of the E-2 visa, including requirements,
investment, and eligibility, visit our E-2 visa guide for UK applicants.
Our experienced E-2 visa lawyers in London help UK investors by guiding them through every stage of the process:
Step 1: Speaking with an experienced E-2 visa lawyer in London about costs, compliance, and your long-term immigration strategy. Read our E-2 visa costs guide
Step 2: Assisting clients in selecting and structuring the right U.S. business.
Step 3: Structuring the investment to meet E-2 requirements.
Step 6: The assigned E-2 visa lawyer prepares the filing packet.
Step 7: The filing package receives an independent final review from our Complex and Refused E-2 Cases team in London.
Step 8: The E-2 visa application package is filed with the U.S. Consulate in London.
Step 9: The client is prepared for the interview and consular process in London.
Step 10: Our U.S.-based lawyers support post-approval business and legal matters once the client is in the United States.
Step 11: Our London-based E-2 lawyers advise on renewals, extensions, and long-term visa strategy.
Investment Structuring
Assisting the client in identifying and evaluating a suitable U.S. business for E-2 purposes, including guidance on
finding an E-2 qualifying business
Advising on how the investment should be structured, documented, and explained for E-2 purposes, with reference to the
E-2 visa requirements
Verifying that the client and business structure meet E-2 treaty nationality, ownership, and control requirements, as set out in the
E-2 visa requirements guide
Tracing the lawful source and path of investment funds and documenting how the capital has been committed and placed at risk, supported by the appropriate
E-2 visa process
Coordinating with U.S. business, corporate, and tax lawyers to ensure the U.S. business is structured to the standards expected by the U.S. Consulate in London, while minimising tax and other liabilities, including guidance on
starting a U.S. business
Documenting a Real and Operational Business
Advising on whether the proposed investment is substantial and whether the business is likely to satisfy the requirement that it be more than marginal under the
E-2 visa requirements
Overseeing the legal and practical elements of the case, including company formation, business plans, licences, leases, and employment arrangements where needed
Working closely with our Wharton Business Plan Team to refine the
E-2 visa business plan
to meet the requirements of the U.S. Consulate in London.
Coordinating the drafting of U.S. employment agreements and verifying I-9 compliance
Preparing and Filing the E-2 Visa Application
Preparing and presenting the E-2 visa application to the U.S. Consulate in London in line with the broader
E-2 visa process
Preparing the case with close attention to local practices and procedures at the U.S. Consulate in London
Addressing procedural issues, document requests, and post-filing complications that may arise before or after interview
Debriefing clients after interview and, where appropriate, communicating with other lawyers, the U.S. Department of State, and the Consulate to stay current on local practices and procedural developments in London
Client Care and Interview Preparation
Preparing clients for the consular process, including interview strategy and supporting documentation
Meeting with the client as many times as necessary to explain the process, answer questions, and guide them through each stage of the filing
Clearly advising clients at the outset on the likely
E-2 visa costs and fees,
including the difference between immigration costs and the separate U.S. corporate, business, licensing, and related legal costs involved in establishing the business properly
Business and Commercial Legal Counsel
Advising clients on the practical legal and commercial differences between doing business in the United States and the United Kingdom
Guiding clients on the steps they must take to keep the business compliant as it begins operating in the United States
Advising on
E-2 visa renewals and extensions
and ongoing compliance so the business continues to qualify for E-2 status after approval
A strong E-2 case typically requires coordination across immigration, corporate, tax, and business planning. For UK applicants, this often involves both London-based consular preparation and U.S.-based legal support for the underlying business.
Contact our Experienced E-2 Visa Lawyers in London
What is D&A's One Client, Four E-2 Lawyer Policy in London?
In London our firm staffs E-2 cases with four lawyers:
One lawyer is usually part of our London team;
A second US-based immigration lawyer is staffed on the case;
A third lawyer is typically a commercial or business lawyer with experience in the client’s industry; and
A fourth very senior lawyer with supervisory responsibility of the case.
In some cases our U.S. tax lawyer becomes a fifth lawyer on an E-2 case team.
Our lawyers form a case team around each client, combining continuity of service with practical support for the client’s business success.
Each team of three lawyers is supervised by a Senior Partner who is always available for a client call.
A strong E-2 application is not just about filing forms. It requires the investment to be structured properly, the business to be real and operational, and the case to be prepared in a way that meets the expectations of the U.S. Consulate in London.
Quality Control:
Every Case Reviewed by our Specialist Refused and Complex E-2 Team
Davies & Associates has a team of our most experienced E-2 visa lawyers who focus on refused E-2 applications and complex E-2 visa cases.
As a final step in our process, each case is reviewed by our complex cases and refusals team. This additional review has helped us keep our UK filings refusal-free to date.
Our complex E-2 team is frequently instructed on refused and high-complexity London matters.
We are frequently instructed by clients and other law firms to take over E-2 cases that have not succeeded elsewhere.
Common reasons E-2 visas are refused include:
Insufficient or poorly structured investment
Concerns about source of funds
Failure to provide proper corporate documentation, such as a Certificate of Good Standing
A business that does not clearly meet the non-marginal requirement
A role that appears passive or lacks operational clarity
A weak or inconsistent business plan
Failure to properly document the special UK residency rule
Gaps, inconsistencies, or weaknesses in the supporting documentation
What most firms miss is the fact that E-2 refusals are rarely caused by one issue alone. In many cases, the problem lies in how the application was structured, presented, and aligned with consular expectations.
Our Complex E-2 Cases team focuses on:
Reframing the investment and business model
Strengthening the legal and factual narrative
Improving the quality and consistency of the documentation
Working with our Wharton Business Plan Review Team to re-structure business plans
Anticipating and addressing consular concerns before reapplying
Our approach to recovery cases
Every refused case is reviewed in detail. We identify:
The likely reasons for refusal
Structural weaknesses in the original application
What needs to change before a new filing or re submission
We then rebuild the case with a focused strategy designed to give the application its strongest possible footing.
Speak to our E-2 team
If your visa has been refused, or you are concerned that your case may be borderline, we can advise you on the best path forward.
Book a consultation with our E-2 team.
⚖️ Expert Tip: For comprehensive advice on selecting the right legal partner for your E-2 application, consult our specialist resource:
Our E-2 Lawyers in Action: From Chelsea, London to Chelsea, New York
The Design Museum in Chelsea, London, reflecting the design-led thinking behind a UK investor's business before relocating from Chelsea, London to Chelsea, New York under the E-2 visa.
A UK-based interior designer living in Chelsea, London came to us with a clear goal: to establish a boutique interior design business in New York and relocate to Manhattan.
The client was a well-known interior designer likely to qualify in the O-1 visa category.
E-2 Lawyers in London: Strategic Lead
Our E-2 lawyers in London led the strategy from the outset.
Counseling the Client on the Right Visa Option
The first step was to advise him on whether an O-1 visa or an E-2 visa would be the better route. One important factor in that decision was his husband. Under the O-3 dependent rules, the spouse of an O-1 visa holder may not accept employment unless independently authorized, whereas under the E visa guidance a spouse may apply for employment authorization after admission. The E-2 route also allowed the investor to build on the strength of his UK business as part of the overall immigration strategy. For a broader overview, see our E-2 visa guide for UK nationals.
Our lawyers and the client then worked:
We worked with our international taxation team in New York to finalize the business structure.
We worked with our New York business lawyers to prepare a New York lease, client contracts, an escrow agreement, employment agreements protecting the business's clients, and an application for a financial grant from the State of New York.
We advised on how to present the investment so that it qualified for E-2 treatment.
With our US-based business plan team to develop a business plan that met the unique requirements of the U.S. consulate in London.
To prepare the full application package for submission in London.
The investment was carefully structured and presented to show that the funds were committed to the U.S. business and placed at risk:
Investment Item
Amount
Inventory of designer items
$38,000
Funds placed in escrow for payroll
$23,000
Renovation of apartment into design showroom
$28,000
Prepaid rent paid by the U.S. business to the applicant as landlord
$62,000
Total Investment
$151,000
Each element was explained in the application to demonstrate that the capital was actively deployed into a real operating enterprise. For a fuller explanation of how investment is assessed, see our page on E-2 visa requirements for UK nationals.
Innovative Legal Approach
The investment level in this case was very low. While it is not usually possible to use a personal apartment as a business asset for an E-2 case, our team realized that this case was different. As an interior designer, the client has to have a “show apartment” in New York. A review of the law led our lawyers to believe that the client would be able to rent his apartment to his new U.S. business and to capitalize some of the renovation costs as qualifying investment.
This approach would not typically be accepted in an E-2 visa case. This case was unique.
Davies & Associates E-2 Attorney Team in New York
At the same time, our New York team ensured the U.S. business supported the immigration strategy.
Our New York lawyers worked to:
Establish the New York business entity in line with the E-2 plan.
Coordinate the legal and commercial structure of the business.
Support the lease and operational arrangements.
Work alongside U.S. corporate and tax advisers where needed.
Ensure the business was real, viable, and ready to operate.
That coordination between London and New York was essential. A strong E-2 case depends on a properly structured U.S. business, not just a well-prepared application.
Why the Case Succeeded
This case succeeded because it was built and presented properly.
Our E-2 lawyers in London focused on how the case would actually be reviewed by the U.S. Consulate, including knowledge of the individual officers at the consulate, not just on the legal requirements in theory. The investment, business model, and applicant profile were all aligned into a single, coherent presentation.
At the same time, our New York team ensured the business structure supported that presentation.
The application was submitted through the U.S. Embassy in London.
Following interview, the visa was approved.
The client relocated from Chelsea, London to Chelsea, New York and launched the business as planned.
Why This Case Matters
This case shows that unusual facts can still support an approvable E-2 case when the investment is documented carefully and the business structure fits the legal standard.
Why UK Investors Choose the E-2 Visa and
How a UK E-2 Investor Visa Lawyer Can Help
Source: U.S. Department of State
UK entrepreneurs and investors often pursue the E-2 visa because it provides a practical route to entering and operating in the U.S. market through an active business investment.
In April 2026 all E-2 visa lawyers in London are seeing a significant increase in enquiries. In 2026, UK investors are telling us they see more economic opportunity in the United States.
But commercial opportunity alone is not enough. A successful E-2 case depends on the investment being structured properly, the business being credible and operational,
and the application being prepared to meet the expectations of the U.S. Consulate in London.
Why UK investors choose the E-2 visa:
Access to the world’s largest consumer market, with annual household consumption exceeding 19 trillion U.S. dollars, representing roughly one quarter of global household spending. The route is especially attractive for UK exporters, consultants, franchise operators, and technology businesses expanding into the United States.
Legal value: counsel can assess whether the proposed U.S. business is suitable for E-2 purposes, structure the investment properly, and prepare evidence showing that the business is real, active, and positioned to operate in the U.S. market.
Sources:
U.S. Bureau of Economic Analysis,
Research FDI
A strong environment for entrepreneurs: The United States remains one of the leading markets for launching and scaling 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.
How can a London E-2 visa lawyer help? A London E-2 visa lawyer can help ensure that a promising business idea is structured in a way that complies with E-2 requirements, including ownership, investment, and the preparation of a business plan showing that the enterprise is real, active, and capable of growth.
Sources: Babson College GEM U.S. Report 2025, GEM Consortium
Unmatched access to capital: Total venture investment in the United States was more than 240 billion U.S. dollars in 2024, alongside strong small-business lending through SBA programmes and private lenders. For UK investors considering the E-2 visa, that access to capital is one reason the U.S. market remains so attractive.
How an E-2 lawyer in London can help: Our E-2 lawyers in London help clients structure investments correctly, document the lawful source and movement of funds, and prepare a business plan that supports a strong application through the U.S. Embassy in London.
Sources:
PitchBook – NVCA Venture Monitor 2024,
U.S. Small Business Administration
Open and secure investment climate: The total stock of foreign direct investment reached 5.71 trillion U.S. dollars at year-end 2024.
How can a London E-2 visa lawyer help? A London E-2 visa lawyer can help ensure that the investment is structured and documented in a way that meets E-2 requirements, including ownership, control, and proof that the capital has been committed to a qualifying U.S. business. This enables U.K. investors to legally release their capital into the U.S. market.
Sources: BEA Direct Investment Country and Industry 2024, SelectUSA
BEA Direct Investment Country and Industry 2024,
SelectUSA
Infrastructure that supports innovation: World-class universities, research institutions, and advanced infrastructure make the United States a natural hub for innovation.
How can a London E-2 visa lawyer help? Obtaining an E-2 visa grants an applicant's spouse and family access to the U.S. education system. Once residency requirements have been met, E-2 visa holders become eligible for in-state tuition at some of America's leading universities.
Sources:Research FDI,
World Bank Doing Business Archive
A culture that encourages risk-taking and creativity: U.S. business culture rewards experimentation and reinvention.
How can a London E-2 visa lawyer help? A London E-2 visa lawyer can help ensure that entrepreneurial ambition is matched by a sound legal and business structure, proper legal compliance and applicable risk management so the investment, ownership, and operating plan support both a strong E-2 application and a more secure launch in the United States.
Sources:
GEM U.S. National Report 2025,
GEM Consortium
Supportive ecosystems and global reach: Major U.S. cities such as New York, Los Angeles, Austin, and Miami provide dense startup ecosystems and global connectivity.
How can a London E-2 visa lawyer help? A London E-2 visa lawyer can help you network and leverage resources in major U.S. cities. Documenting membership of local business organizations and networking can also be a factor in an efficient E-2 visa application. We also commonly help clients negotiate leases, structure tax credits, and navigate the business and legal systems in which they find themselves.
Sources:SelectUSA Consumer Goods Industry page,
BEA Economic Overview
What Businesses Qualify for an E-2 Visa?
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.
How E-2 Lawyers Help UK Investors Find and Qualify a Business
For many UK investors, one of the most important parts of the process is identifying a business that is not only commercially viable, but also capable of supporting a strong E-2 application.
Our London E-2 lawyers work closely with our U.S. offices and wider professional network to help clients evaluate potential businesses, structure investments properly, and determine whether a proposed venture is likely to meet E-2 requirements before substantial funds are committed.
Depending on the case, that may include helping clients:
Assess whether a startup, franchise, acquisition, or existing business is suitable for E-2 purposes.
Work with the firm's franchise lawyers to review franchise agreements for financial reasonableness.
Work with the firm's corporate lawyers to negotiate acquisition agreements.
Evaluate whether the proposed investment is substantial in light of the total business cost.
Confirm that the ownership structure meets treaty nationality and control requirements.
Identify businesses that are more likely to be seen as real, active, and operational from the outset.
Coordinate with U.S. corporate, tax, business, and commercial lawyers involved in the transaction.
Ensure that the business plan, financials, lease commitments, staffing model, and operating documents support a credible E-2 case.
Because our firm has both London-based E-2 lawyers and U.S. offices, we are often able to assist not only with the visa application itself, but also with the legal and practical work needed to identify, evaluate, acquire, form, and prepare a U.S. business for E-2 purposes.
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.
Best E-2 Business Types for UK Investors
Based on our extensive experience with UK nationals, certain business types demonstrate particularly strong approval rates and operational success:
Business Type
Typical Investment Range (USD)
Why UK Investors Succeed
Technology Consulting & SaaS
$75,000 - $150,000
UK tech expertise transfers well; scalable business model; low overhead
E-commerce & Digital Marketing
$80,000 - $120,000
Leverage UK market knowledge; operate from anywhere in US; growing sector
Professional Services (Legal, Accounting, HR)
$100,000 - $200,000
UK professional qualifications valued; established client networks
Franchise Operations
$150,000 - $500,000
Proven business model reduces risk; strong franchisee support
Import/Export Trading
$100,000 - $250,000
Natural UK-US trade connections; established supply chains
Hospitality & Food Service
$200,000 - $400,000
UK hospitality standards well-regarded; strong job creation potential
Investment Insight for UK Applicants: Most successful UK E-2 applications involve investments between £75,000 and £200,000 (approximately $95,000 - $250,000 USD at current exchange rates). The "substantial investment" requirement is proportional to the total business cost—a $100,000 investment in a consulting firm may be more substantial than $300,000 in a restaurant requiring $1 million in build-out costs.
E-2 Attorneys in London:
Assisting with E-2 Visa Extensions, Travel, and Substantive Change
Visa Validity
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. Unless there is a substantive change in the business, an E-2 lawyer is generally not needed during this 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.
Summary for UK Applicants
Aspects
Details for UK Nationals
Visa validity
Up to
5 years (multiple entry)
Stay per entry
2 years authorized stay (renewed upon reentry)
Extensions
Unlimited, while business continues to qualify
Processing location
U.S. Embassy
London
E-2 Visa Case Study: Derby Hat Designer Opens Manhattan Showroom
Boutique millinery fashion showcasing ladies’ hat design similar to products sold in the Manhattan showroom opened through an E-2 visa investment.
Client E-2 Overview
Client Location: Derby, United Kingdom Industry: Fashion and Millinery (Ladies’ Hat Design) U.S. Business Location: Manhattan, New York Visa Type: E-2 Treaty Investor Visa
The client operates a ladies’ hat design business in Derby in the United Kingdom and wanted to expand her brand into the U.S. market by opening a showroom in New York.
Her business specializes in high-quality millinery, including bespoke hats for events, weddings, and formal occasions. The brand had built a strong reputation in the UK market.
E-2 Investment Breakdown
Investment Component
Amount (USD)
Brand licence from UK company to U.S. entity
$125,000
Inventory transfer (ladies’ hats)
$34,000
Operating capital
$30,000
Total E-2 Investment
$189,000
U.S. Business Model
The client opened a boutique millinery showroom in Manhattan selling ladies’ hats and offering bespoke hat design services.
Expanding to the United States was the logical next step. New York, and particularly Manhattan, offered access to a large international fashion market and high demand for luxury accessories.
The New York business employed one assistant in the United States to support showroom operations and customer service.
Legal Services Provided
Our firm assisted with:
Structuring the E-2 investment.
Assisting the client in obtaining all required business licences.
Preparing and filing the E-2 visa application.
Drafting an employment agreement to the standard expected at the U.S. Consulate in London.
Obtaining and negotiating a lease for premises in New York's fashion district.
Drafting a licence agreement between the client's UK business and U.S. business allowing the U.S. business to use the client's brand and converting the brand into an E-2 qualifying investment.
Our licensing lawyers located in our Manila office registered the client's brands and marks in the United States.
As a law firm heavily involved in the fashion industry, we were able to introduce the client to other clients of our firm in Milan and New York who were able to assist the client in growing their U.S. brand. In particular we were able to introduce the client to a number of specialist fashion retailers and magazines.
Brand Licensing from the UK Business
Why Brands Can be Challenging as E-2 Assets.
As explained in 9 FAM 402.9, an E-2 investment requires capital to be placed “at risk in the commercial sense” with the objective of generating a profit, so the value of a brand cannot usually be counted as investment by itself unless money was actually paid or other assets were actually committed to acquire or use it in the business. Put simply, brand value, goodwill, or reputation alone is usually not enough because the FAM focuses on capital that is genuinely committed and subject to loss, not an abstract or estimated business value.
How the Hat Brand Added Credibility
At the core an E-2 visa officer is looking for evidence of a bona fide U.S. business. In this case the consular office commented "my sister has one of your hats, it helps me a great deal that you are well-known [brand], I wish you success in America."
How Our Client Used her UK Brand as E-2 Investment.
With our fashion team split between Milan, London and New York our lawyers have a lot of experience with brands in E-2 visa cases. Our system is as follows:
Our Milan team arranged for a brand valuation using a well-known industry expert who is respected by the U.S. government.
Our international taxation team, headquartered in New York, worked to resolve taxation issues that a licence may create.
Our licensing lawyer then prepared a licensing agreement between the non-U.S. business and the U.S. business at a fair commercial rate.
The client personally borrowed unsecured funds sufficient to cover the licence fee and placed them in the bank account of the U.S. business.
The U.S. business paid the client's UK business the licence fee.
At interview, the client was asked about this transaction and explained that the purpose was to record the brand value for taxation and other purposes. The consular officer accepted the licence payment as an investment for E-2 visa purposes.
The value of this licence was documented at $125,000, representing the commercial value of the brand and its use in the U.S. market.
Inventory Transfer to the U.S. Business
Stock of Ladies’ Hats Strengthen the Case
8 CFR § 214.2(e)(16), an E-2 investor must be coming to the United States to develop and direct the investment enterprise, which in practice requires that the business be real, active, and capable of operation rather than a passive or purely speculative investment.
The client transferred $34,000 worth of ladies’ hats from the UK business to the new U.S. company.
This inventory was shipped to the United States and stocked in the Manhattan showroom.
In retail and fashion E-2 visa cases, inventories of retail goods ready for sale in the U.S. demonstrate that the business is ready to operate.
In this case, the transferred inventory ensured the showroom could begin trading immediately.
The value of the inventory transferred to the U.S. was included as investment, it having been purchased from the UK business.9 FAM 402.9
Operating Capital for the Business Launch
9 FAM 402.9-6(C) guides consular officers that E-2 investment funds must be committed and subject to partial or total loss, meaning that funds placed in escrow may qualify where they are irrevocably committed to the transaction and released upon visa approval, but arrangements that allow easy withdrawal may not meet the “at risk” requirement. Therefore, funds placed in general business checking accounts do not constitute E-2 investment.
Cash Investment and Escrow
The client also committed $30,000 in operating cash to support the launch of the U.S. business by placing it in an escrow account dedicated to funding the U.S. business.
These funds covered startup costs such as licensing, showroom preparation, and initial operating expenses. Because the funds were in an escrow account they were deemed to be irrevocably committed to the business and allowed as E-2 investment.
Total Investment Amount
Together, the investment consisted of:
$125,000 brand licence
$34,000 inventory transfer
$30,000 operating capital
This created a total E-2 investment of $189,000.
For a boutique retail business, this represented a credible and well-structured investment.
In this case, the E-2 visa allowed the client to expand her existing brand into the United States through a boutique retail showroom.
Why an E-2 Visa was the Right Option for this Business
Most of the value was contained in the client's brand. E-2 allows the value of that brand to be leveraged in an immigration context
While not required for an E-2 visa, documenting the UK business as part of the business plan made a huge difference to business credibility.
For E-2 visa approval, the enterprise must be more than a passive investment. This business met that requirement in several ways.
The business had real and active business operations.
The enterprise demonstrated clear commercial activity through:
a physical showroom in Manhattan
transferred inventory ready for sale
operating capital committed to the business
ongoing retail and custom design services
Non-Marginal Business. The business also showed the potential to grow beyond simply supporting the investor.
Hiring a U.S. employee and operating a retail showroom demonstrated that the enterprise had genuine economic activity.
The client entered the United States to develop and direct the enterprise, which is a core requirement of the E-2 visa category.
Over several years the client was able to expand her U.S. business and, when she was ready, apply for Permanent Residency in the U.S. using EB-1C.
As the designer and owner of the brand, she plays a central role in the success of the business.
Outcome
The client initially decided to extend a business trip to New York and filed for Change of Status to E-2 status, which was approved.
While our New York team filed for the change of status, our London team filed an E-2 visa application in London, and the client flew to London for the interview.
The E-2 visa was approved, allowing the client to relocate to New York and operate her U.S. showroom.
The client later expanded her business to add a retail location in Los Angeles and obtained a U.S. green card using EB-1C.
Key E-2 Visa Lessons from This Case
Intellectual Property Can Form Part of an E-2 Investment
Brand licensing and intellectual property can support an E-2 investment when properly documented.
Inventory transfers strengthen retail E-2 cases
Retail businesses can use inventory transfers to demonstrate real investment and business readiness.
Boutique businesses can qualify for an E-2 visa
A smaller fashion business can qualify for an E-2 visa when the investment is structured properly and tied to a real enterprise.
Physical Premises and Staff Help Demonstrate Activity
A showroom, office, or other business premises, along with employees, can strengthen the case that the enterprise is active and viable.
Contact our Experienced E-2 Visa Lawyers in London
Why UK Nationals Often Need a London-Based E-2 Lawyer
All E-2 visas in the UK are processed in London. As the UK has a unique E-2 visa qualification rule and London has unique processes, UK applicants are strongly advised to retain a London-based E-2 visa lawyer.
Common Pitfalls for UK Applicants (And How to Avoid Them)
Drawing from 15+ years advising UK nationals, our London and Edinburgh teams have identified the most common errors that delay or derail E-2 applications:
⚠️ Critical: ESTA vs E-2 Confusion
The Problem: Many UK nationals travel to the U.S. on ESTA (Visa Waiver Program) and attempt to "convert" to E-2 status while in the United States. This is not possible.
The Solution: ESTA entrants cannot change status to E-2 inside the U.S. You must return to the UK and apply through the U.S. Embassy in London. If you're in the U.S. on ESTA and wish to pursue E-2, you must depart and apply from outside the United States.
Legal Reference: 8 CFR § 248.1 - VWP entrants are ineligible for change of status
Other Common UK-Specific Pitfalls
Source of Funds Documentation for UK Banks
The Issue: UK banking statements alone are often insufficient. U.S. consular officers require detailed provenance of investment capital.
Required Documentation:
Bank statements covering 5+ years showing capital accumulation
P60/P45 tax documents if funds from employment
Property sale completion statements (if from property)
Inheritance documentation with solicitor attestation
Business sale agreements with accountant verification
ISA/pension withdrawal documentation if applicable
UK-Specific Tip: HMRC Self Assessment documents and Companies House filings strengthen source-of-funds evidence considerably.
UK Tax Residence & Double Taxation
The Issue: Operating a U.S. business while maintaining UK tax residence creates complex obligations.
Key Considerations:
The US-UK Tax Treaty prevents double taxation but requires careful structuring
Spending 183+ days in the U.S. may trigger U.S. tax residence
UK nationals remain subject to UK tax on worldwide income unless they obtain non-resident status
Split-year treatment may apply in your first and last years
Recommendation: Consult both a U.S. tax attorney and UK chartered accountant before finalizing your E-2 business structure. Davies & Associates works with UK-US tax specialists who understand cross-border implications.
London Embassy Processing Timeframes
The Issue: Applicants underestimate London Embassy processing times and miss planned U.S. entry dates.
Current Timeline (February 2026):
Pre-screening review: 3-6 weeks after submission
Interview scheduling: 2-4 weeks after pre-screening approval
Total timeline: 8-18 weeks from initial submission to visa issuance
Pro Tip: Submit your E-2 application at least 4-5 months before your intended U.S. relocation date to accommodate delays.
Insufficient "Active Management" Evidence
The Issue: UK investors sometimes structure their U.S. business as a passive investment, which disqualifies them from E-2.
E-2 Requirement: You must demonstrate you will "develop and direct" the enterprise through:
At least 50% ownership OR a senior executive role with operational control
Evidence of day-to-day management responsibilities
Physical presence in the U.S. to oversee operations
Decision-making authority over significant business functions
London Embassy Focus: Officers scrutinize whether you're genuinely relocating to manage the business versus making a passive real estate or portfolio investment.
Marginality Concerns for Small Investments
The Issue: Investments under $100,000 often face "marginality" challenges—the business must generate more than a minimal living for you and your family.
How to Overcome:
Demonstrate clear job creation plans (hiring U.S. workers strengthens your case)
Provide detailed 5-year financial projections showing revenue growth
Show the business will generate significant economic impact beyond your personal income
If starting small, present a credible expansion plan
UK Context: A business generating £40,000/year may be viable in parts of the UK but could be deemed marginal for U.S. E-2 purposes depending on location and family size.
Why Local UK Expertise Matters
These pitfalls are specific to UK applicants and require attorneys who understand both UK financial documentation standards and U.S. immigration law. Our London and Edinburgh offices provide this dual expertise—our managing partner Mark Davies is licenced both as a UK Solicitor (SRA #384468) and U.S. attorney (Georgia Bar), giving you seamless UK-US legal guidance.
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 U.S. $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 Wharton E-2 Business Plan team
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 licences and taxes – fees for business licences, 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 E-2 Visa Lawyers in the United Kingdom
Davies & Associates, E-2 Visa Lawyers in London
Davies & Associates is a London-based U.S. immigration law firm recognised as a leading London E-2 visa law practice and E-2 treaty investor visa specialist firm. 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, E-2 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 E-2 treaty investor visa lawyers can be reached at +44 131 392 0686.
Backed by our extensive U.S. network of corporate and tax lawyers, Davies & Associates offers comprehensive, end-to-end guidance—from U.S. business formation or acquisition through to E-2 visa filing and interview preparation.
London Offices:
Edinburgh Offices:
Meet Your London-Based E-2 Visa Lawyer for Consular Interview Preparation in Nine Elms
Clients meet our lawyers in our E-2 interview suite opposite the U.S. Consulate in Nine Elms, London.
Meet with a
Davies & Associates E-2 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 U.S. Embassy. Our E-2 visa attorneys will welcome clients before the interview and debrief them afterward at:
3 Viaduct Gardens, London SW11 7AX, United Kingdom
It is not legally required, but many investors choose to work with an experienced E-2 lawyer in London because the U.S. Embassy in London had unique documentation requirements and policies. The quality of an E-2 visa case therefore often depends on how the investment is structured, documented, and presented to the U.S. Embassy in London.
Why choose a London-based E-2 visa lawyer instead of a U.S. firm?
A London-based team can meet locally, work with UK advisers, and prepare the case with the expectations of the U.S. Embassy in London in mind. That local perspective matters because E-2 adjudication is not only legal, but also practical and commercial.
Am I likely to qualify for an E-2 visa in London?
If you are a national of an E-2 treaty country and are investing in a real, operating U.S. business, you may qualify. The key issue is whether the case is strong enough to meet the standards applied in London, not just whether you meet the basic criteria.
What is considered a substantial investment for an E-2 visa in London?
There is no fixed minimum investment. The amount must be substantial relative to the business and sufficient to show a real financial commitment.
In practice, standards can vary by consulate. In our experience, Tokyo and AIT in Taiwan apply particularly strict standards. In London, approvals have been obtained with as little as USD 25,000 in cash, plus inventory and stock, although that was a highly specific case and not a general benchmark.
Are E-2 visa interviews in London getting harder?
Yes. Interviews in London have become more demanding, with closer scrutiny of the business model, the investment, and the applicant’s understanding of how the business will operate.
Are interview delays in London getting longer?
Yes. Interview scheduling in London has become slower and less predictable. Applicants should plan well in advance and avoid assuming the process will move quickly once the case is ready.
What are the most common reasons E-2 visa applications are refused in London?
Most refusals arise from weaknesses in the business case rather than technical eligibility. Common issues include insufficient or poorly structured investment, unrealistic projections, or failure to demonstrate a credible plan to develop and direct the enterprise.
Has Davies & Associates had an E-2 visa refused in London?
To date, Davies & Associates has not had an E-2 visa refused in London. This reflects careful case selection and preparation, although all E-2 cases remain discretionary and fact-specific.
How does the U.S. Embassy in London assess E-2 applications?
The Embassy evaluates whether the business is bona fide, whether the investment is substantial and at risk, and whether the applicant will develop and direct the enterprise. These principles are reflected in 9 FAM 402.9 and 8 CFR 214.2(e).
What is the FAM, and why does it matter?
The Foreign Affairs Manual (FAM) is the guidance used by U.S. consular officers when deciding visa applications. For E-2 visas, the key section is 9 FAM 402.9. It matters because officers at the U.S. Embassy in London rely on it when reviewing cases.
What is 8 CFR, and why does it matter?
8 CFR is the Code of Federal Regulations governing U.S. immigration law. For E-2 visas, 8 CFR 214.2(e) sets out the regulatory framework. Strong applications align with both the FAM and the Federal regulations.
What do your E-2 lawyers in London actually do?
They assess the business model, structure the investment, prepare the application, coordinate supporting evidence, and prepare clients for interview. The goal is to present a credible business case supported by the legal framework.
Who will actually work on my E-2 visa application?
Your case is handled by qualified lawyers. Support staff may assist with document handling, but legal strategy, preparation, and final review are carried out by attorneys.
How many lawyers does Davies & Associates assign to each E-2 visa file?
Each file is supported by four lawyers: a supervising senior partner, an E-2 visa lawyer in London, an E-2 lawyer in the United States, and a U.S. business lawyer with experience in the client’s industry.
How much does an E-2 visa lawyer in London cost?
Fees vary depending on the complexity of the case and the structure of the investment. The key consideration is whether the legal work improves the strength and presentation of the application.
Can you review my business before I invest?
Yes. A pre-investment review can identify risks, assess whether the business is likely to be viewed as credible, and ensure the investment structure aligns with how cases are assessed in London.
How long does it take to prepare a strong E-2 application?
This depends on how developed the business is and how organised the documentation is. Some cases move quickly, while others require more time to properly structure the investment and supporting evidence.
What documents do I need to get started?
Most cases require proof of nationality, source of funds documentation, evidence that funds are committed and at risk, company documents, and a business plan. The exact requirements depend on the case.
Is USD 100,000 enough for an E-2 visa in London?
Sometimes. The answer depends on the business. A lower investment may work if the business has genuinely low start-up costs, while a higher investment may still be insufficient if the structure or documentation is weak.
Can you help with E-2 visa renewals and extensions?
Yes. Renewals require evidence that the business remains active and compliant. Proper planning from the outset can make future renewals more straightforward.
How long does an E-2 visa last for UK applicants applying in London?
Visa validity depends on reciprocity and consular practice. UK applicants are often issued visas with longer validity, but the exact outcome depends on nationality and the rules in place at the time of issuance.
Disclaimer
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., J.D., University of Pennsylvania Law School, licenced with the SRA (SRA ID: 384468) in the UK, Member of the Law Society of England & Wales, MBA, Wharton School of Business. Licensed in the USA. Member of the 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
Our London Office
Davies & Associates
Dashwood House, 69 Old Broad Street
London EC2M 1QS, United Kingdom
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 very thorough in what they did. They worked on my case 24/7 and were very patient in answering all my questions.
E-2 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 EB-5 process.
EB-5 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 E-2 visa. The most important thing is a good team behind you. With Davies & Associates, you're in safe hands... you need someone who can support you on the ground and, again, you are well taken care of by D&A. The people are really warm, very helpful and quite open-minded when it comes to business... Not to mention as a passport it's great from a travel perspective... It's just 4 to 5 hours from New York.
Grenada CBI + E2 Visa Client
The entire process of getting an EB-5 visa is handled in a professional way by Mark Davies and his team. EB-5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H-1B route for my children, but it became unreliable and so I looked to the EB-5 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 EB-5 visa holders
I'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off 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.
L-1B 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 a 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 application?
We are known for our creative solutions that obtain
"impossible" visas. We solve the most
complex immigration problems for business, investors, individuals and families.
UK E-2 Visa Guide
Scottish E-2 Visa Lawyer
E-2 Visas for Italians
E-2 Visas for Australians
E-2 Visas for Singaporeans
E-2 Visas in New York City
E-2 Visas for Canadians
E-2 Visas from the UAE
E-2 Visas for Argentinians
E-2 Visas for Germans
E-2 Visas for French
E-2 Visas for Turkish
E-2 Visas for Grenadians
E-2 Visas for Taiwanese
