What do UK nationals need to know about US E2 Visas

Leading E2 Visa Lawyers in London

Founded by a UK born National, Davies & Associates has unparalleled knowledge of the UK market. Based in London, our UK team work with the US consulates in London and Belfast to secure E2 visas for our clients across the United Kingdom. Davies & Associates’ lawyers are constantly recognized as being amongst the leading E2 visa lawyer in the world. While we are proud of our unparalleled history of success, we are most know for our creativity and solving “impossible cases”.

Operating a Business Using an E-2 Visa.

An E-2 visa is a non-immigrant visa that allows the holder to come to the United States for the purpose of setting up or acquiring and operating a U.S. business. Also, known as a US Business Visa or start-up business visa. The E-2 Treaty Investor Visa is only open to people from countries holding a relevant treaty with the United States. The United Kingdom holds the oldest such treaty dating back 200 years. The E2 visa is a non-immigratnt visa.

It is important to note that the holder of a U.S. E-2 visa is only able to work in the E-2 business for which the E-2 visa was filed. An E-2 visa holder is not able to engage in formal studies that are unrelated to the E-2 work or work for unrelated entities. Why not contact us and get a free Consultation with an E2 Visa Immigration Lawyer? We are an Award-winning top 25-rated Immigration Law firm. Our Immigration Attorneys have a 100% success rate.

Can I bring my Family to the U.S. on an E-2 Visa?

Yes, as an E-2 visa holder, you can bring your spouse and children under the age of 21 to the United States as E-2 derivative visa holders.

Unlike the principal E-2 visa holder, an E-2 derivative visa holder can obtain general work authorization, allowing them to work for any employer or pursue educational opportunities. This flexibility often requires careful planning to determine which spouse should apply as the primary E-2 visa holder.

How Long Can I Hold an E-2 Visa?

There is no overall time limit on how long a U.K. national can hold an E-2 visa. These visas are issued to U.K. nationals in increments of up to five years.

While some firms report shorter approval periods, our firm has successfully obtained an initial five-year E-2 visa term for all our U.K. clients—except in one instance. In that case, a very small business applied through a U.S. consulate in Australia, where the applicant received an initial two-year E-2 visa term.

Are there any special conditions for U.K. E-2 visa applicants?

The eligibility criteria for E-2 visas are governed by treaties between the U.S. and the applicant’s home country.

For U.K. nationals, the treaty includes a provision requiring applicants to be resident in the United Kingdom. This raises concerns for U.K. passport holders who reside outside the U.K.

While we have successfully applied for E-2 visas for U.K. nationals living abroad, U.S. consulates generally interpret the treaty as requiring prior U.K. residency, intent to return to the U.K., and legal residency rights in the U.K. As a result, British Citizens Overseas and U.K. passport holders without U.K. residency rights are ineligible for an E-2 visa.

Can I apply for an E-2 Visa from Within the United States?

A valid visa is required in order for a UK National to enter the United States for the purpose of either working in or operating a business.

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.

As the “visa waiver” program is NOT a visa it is NOT possible to change status from an ESTA to E-2 status from within the United States. This is the reason that many UK Nationals obtain a B1/B2 visa before entering the United States and do not rely on the ESTA/visa waiver program. While “changing status” to E-2 status means that you will enjoy the same benefits as persons admitted to the United States using an E-2 visa it is not the same as being granted an E-2 visa. Upon departure from the United States, you will lose your E-2 “status” and will need an E-2 visa to re-enter the United States.

While occasionally UK Nationals remain in the United States in E-2 status and never leave the country most persons in E-2 “status” do eventually travel outside the United States and apply for an E-2 visa in a US consulate in order to be able to re-enter the country.

E2 Visa Costs

There are several costs associated with obtaining a US E2 visa:

The cost of an E2 Visa business plan

• The cost of an E2 visa immigration lawyer
• The cost of legal setting up and forming your business
• The cost of the visa application in London or Belfast

For a small start-up business, these costs might total USD 12,000 or more including an E2 business plan.

Where to Apply

In the United Kingdom at the embassy or consulate, the Consular Section at the US Embassy in Nine Elms in London and the US consulate in Belfast accept E2 visa applications.
For eligible applicants can be advantages to applying for your E2 visa in either of these locations and your eligibility to apply for a US business visa in each of these applications should be discussed with an E2 immigration lawyer.

Further Information

Based in New York and London our E-2 visa team are experienced in representing UK Nationals with their E-2 visa petitions. Through our international office network, we are able to coordinate the filing of E-2 visa petitions in multiple consulates around the world.

Local Experience, International Expertise

Our firm has direct “on the ground” expertise both in the United Kingdom and the United States. We are familiar with the unique procedures in place at the US Embassy in London.