We are London-based E-2 visa lawyers advising UK entrepreneurs, investors, and families on U.S. investor visa applications. We regularly file E-2 petitions with the US consulate in London and are familiar with the Consulates’s latest practices and procedures. We help clients structure qualifying investments, prepare strong applications and navigate the consular process. Our US-based lawyers assist locally in the US to open, structure and support our clients’ US businesses.
Appointments are available in person in our offices, by phone or through online consultation. In the UK our offices are in central London, Milton Keynes and Edinburgh.
A London-Based U.S. Immigration Law Firm That Understands the E-2 Route First-Hand
Our firm reflects the kind of cross-border business structure that can qualify for an E-2 visa. Founded by a UK national, we understand the E-2 route not only as lawyers advising clients, but also from the perspective of a UK-owned business expanding and operating in the United States. In London, we provide direct, in-person client care while also drawing on the strength of our U.S. legal team for company set-up and related services.
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 may involve company formation, licences, lease negotiations, 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 welcome calls and meetings as needed, and regularly advise clients based across the UK, including those outside London. 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.
⚖️ 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:
With our international taxation team in New York to finalize a business structure.
Our business lawyers in New York to prepare: a NY lease; client contracts; an escrow agreement; employment agreements that protected the business's clients and an application for a financial grant from the State of New York.
On how to present the investment so it qualified for an E-2 visa.
With our US-based business plan team to develop a business plan that met the unique requirements of the US 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 US 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 in New York
At the same time, our New York team ensured the U.S. business supported the immigration strategy.
They worked on the ground in the United States 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 represents flexibility and creativity. No responsible E-2 lawyer would typically use a client's New York apartment for E-2 investment purposes. The circumstances here warranted a different approach.
How our E-2 Lawyers Assist UK Clients in London
E-2 Visa Lawyers at a Glance
An experienced E-2 visa lawyer in London helps UK investors by guiding them through every stage of the process:
Step 1: Advise clearly on costs, compliance, and long-term E-2 strategy.
Step 2: Help select the right business and coordinate U.S. corporate, tax, and business planning.
Step 3: Structure the investment so it meets E-2 visa requirements.
Step 4: Prepare a business plan that complies with E-2 requirements.
Step 5: Ensure the business is real, viable, and properly documented.
Step 6: Prepare clients for the interview and consular process at our Interview Suite in 9 Elms.
Step 7: Prepare and present the application to the U.S. Embassy in London.
Step 8: Have the U.S. team assist with ongoing business and legal issues after visa approval.
Step 9: Advise on visa extensions, renewals, or adjustment to a Green Card.
An E-2 visa lawyer in London helps UK investors by guiding the legal, practical, and strategic parts of the case. In a strong E-2 application, what matters is not just filing forms, but structuring the investment properly, documenting a real and operational U.S. business, and preparing the case in a way that meets the expectations of the U.S. Embassy in London.
Assisting the client in identifying and evaluating a suitable U.S. business for E2 purposes, including guidance on
finding an E2 qualifying business
Advising on how the investment should be structured, documented, and explained for E2 purposes, with reference to the
E2 visa requirements
Verifying that the client and business structure meet E2 treaty nationality, ownership, and control requirements, as set out in the
E2 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
E2 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
E2 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 the business plan team to refine the
E2 visa business plan
to meet the requirements of the U.S. Consulate in London
Coordinating the drafting of U.S. employment agreements and verifying I9 compliance
Preparing and Filing the E2 Visa Application
Preparing and presenting the E2 visa application to the U.S. Embassy in London in line with the broader
E2 visa process
Preparing the case with close attention to local practices and procedures at the U.S. Embassy 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
E2 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
E2 visa renewals and extensions
and ongoing compliance so the business continues to qualify for E2 status after approval
No single lawyer can properly structure an E2 case in isolation. In practice, the process requires input from different specialists across immigration, corporate, tax, and business planning. For UK applicants, that usually means both the visa application work handled in London and the U.S. legal work behind the business.
The US Advantage: Why UK Investors Choose the E-2 Visa
Source: US Department of State
Why UK investors choose the E-2 visa:
Access to the world’s largest consumer market, with annual household consumption exceeding 19 trillion US 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.
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.
Best E2 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 E2 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.
Our 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 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.
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 license 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 licenses.
Preparing and filing the E-2 visa application.
Drafting an employment agreement to the standard expected at the US consulate in London.
Obtaining and negotiating a lease for premises in New York's fashion district.
Drafting a license agreement between the client's UK business and US business allowing the US 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 US 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 US 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 US government.
Our international taxation team, headquartered in New York, worked to resolve taxation issues that a license may create.
Out licensing lawyer then prepared a licensing agreement between the non-US business and the US business at a fare commercial rate.The client personally borrowed unsecured funds sufficient to cover the license fee and placed them in the bank accoutn of the US business.
The US business paid the client's UK business the license fee.
At interview the lcient 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 lisence payment as an investment for E-2 visa purposes.
The value of this license 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.
In retail and fashion E-2 visa cases inventories of retail goods ready for sale in the US demonstrates 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 US 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 them in an escrow account dedicated to funding the US 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 license
$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 BusinessThe 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 US business and, when she was ready, apply for Permanent Residency in the US 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 client flew to London for the interview.
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 US "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.
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.
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 E2 applications:
⚠️ Critical: ESTA vs E2 Confusion
The Problem: Many UK nationals travel to the US on ESTA (Visa Waiver Program) and attempt to "convert" to E2 status while in the United States. This is not possible.
The Solution: ESTA entrants cannot change status to E2 inside the US. You must return to the UK and apply through the US Embassy in London. If you're in the US on ESTA and wish to pursue E2, 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. US 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 US 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 US may trigger US 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 US tax attorney and UK chartered accountant before finalizing your E2 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 US 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 E2 application at least 4-5 months before your intended US relocation date to accommodate delays.
Insufficient "Active Management" Evidence
The Issue: UK investors sometimes structure their US business as a passive investment, which disqualifies them from E2.
E2 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 US 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 US 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 US E2 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 US immigration law. Our London and Edinburgh offices provide this dual expertise—our managing partner Mark Davies is licensed both as a UK Solicitor (SRA #384468) and US 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 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 can 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:
While it is not legally required to hire an E-2 visa lawyer in London, most UK investors choose to work with an experienced attorney to structure their investment properly, prepare a compliant petition package, and prepare for the U.S. Embassy London interview. An experienced London-based E-2 visa lawyer can help reduce delays, avoid common documentation mistakes, and strengthen your overall case strategy.
Why choose a London-based E-2 visa lawyer instead of a U.S. firm?
Working with an E-2 visa lawyer in London allows for local consultation, understanding of UK business structures, and familiarity with how cases are processed through the U.S. Embassy in London. A London-based lawyer can coordinate directly with UK accountants, franchise providers, and corporate advisers to ensure the investment structure aligns with E-2 requirements.
How much does an E-2 visa lawyer in London cost?
Legal fees for an E-2 visa lawyer in London vary depending on the complexity of the case, the type of investment, and whether the matter involves a new business, franchise purchase, or existing company expansion. During an initial consultation, we provide clear fee estimates and explain the scope of legal services involved in preparing a strong E-2 petition.
Do you handle E-2 visa applications through the U.S. Embassy in London?
Yes. As E-2 visa lawyers based in London, we regularly prepare applications processed at the U.S. Embassy in London. We assist with petition assembly, document organisation, investment tracing, and interview preparation tailored to London consular expectations.
Can a London E-2 visa lawyer help with renewals and extensions?
Yes. An experienced E-2 visa lawyer in London can assist with visa renewals, company growth documentation, and compliance strategy to maintain E-2 status. We also advise on long-term immigration planning for UK entrepreneurs expanding their U.S. operations.
1. What is the E-2 Visa?
The E-2 Treaty Investor Visa allows nationals of treaty countries, including the UK, to invest in and direct a U.S. business.
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
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.
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.
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