🇬🇧 Looking for the UK application process? This page covers the general E-2 process for all treaty countries. UK nationals applying through the U.S. Embassy in London should use our dedicated step-by-step E-2 guide for UK nationals, which covers the London E-Visa Unit's specific procedure.
E-2 Visa Defined
The E-2 Investor visa is a non-immigrant visa for nationals of treaty countries who make a substantial investment in a U.S. business they will direct and develop. Unlike the E-1 treaty trader category, the E-2 lets you start a new enterprise or purchase an existing business and run it yourself. Before starting the process below, confirm you meet the four core E-2 visa requirements and that your country appears on the list of E-2 treaty countries.
Two Ways to Apply: Change of Status vs. Consular Processing
Once you have determined that the E-2 visa is the right option, there are two ways to proceed:
| Criteria |
Change of Status (COS) |
Consular Processing (CP) |
| Applicant location |
Must already be lawfully present in the U.S. |
Must apply from outside the U.S., at a qualifying consulate |
| Result |
E-2 status only — no visa stamp; cannot travel and re-enter without applying for a visa separately |
Full E-2 visa stamp — valid for travel and re-entry |
| Filing |
Form I-129 with USCIS |
Form DS-160 with the consulate |
| Premium processing |
Available — adjudication in 15 calendar days for a $2,965 fee |
Not available |
| Typical timeline |
~5 months standard, 15 days with premium processing |
Varies by consulate — commonly 2–4 months |
| Best for |
Applicants already in valid U.S. status who want to convert |
Applicants abroad, or anyone who wants a travel-ready visa |
Full timeline detail is in our E-2 visa processing time guide. A deeper side-by-side, including government and legal fees, is in our Change of Status vs. Consular Processing guide (also covers the related E-1 treaty trader visa).
Applying via Change of Status
If you are already lawfully present in the U.S. under another non-immigrant visa, you file Form I-129 with USCIS, including evidence of your nationality, investment, and intent to depart once your status ends.
⚠️ The COS Travel Trap: Change of Status grants E-2 status, not an E-2 visa. The moment you leave the United States, that status ends — to return you must apply for the visa at a consulate anyway. If international travel is part of your business, consular processing is usually the better route. Fee and cost implications of switching routes are covered in our E-2 visa costs guide.
Applying via Consular Processing
If you are physically outside the U.S., you apply at the applicable U.S. consulate — in your home country or country of lawful residence. An E-2 application is filed directly with the consulate, not USCIS.
Step 1: File Form DS-160
Form DS-160 is filed online. Have the following ready:
- Passport
- Travel plans (even rough ones)
- U.S. contact details (often your U.S. business or attorney)
- Full details of your E-2 enterprise:
- Company name (exact legal name)
- U.S. address
- Your role (e.g. investor, executive, manager)
- Your CV / employment history
Starting the DS-160:
- Go to the DS-160 online application portal (CEAC)
- Select your consulate
- Click "Start an Application"
- Save your Application ID immediately
The exact process varies by consulate. It is always worth checking with an E-2 lawyer who frequently files at the applicable consulate — see our guide to choosing an E-2 visa lawyer.
Step 2: Pay the Corresponding Fees
Some nationals also owe a reciprocity fee on top of the DS-160 filing fee, based on what their country charges U.S. nationals — ranging from $0 to thousands of dollars in the case of Australia.
📅 2026 Fee Update: As of April 2026, the DS-160 (MRV) fee for an E-2 application is USD 315. The full breakdown — MRV, reciprocity, premium processing ($2,965, COS route only), legal fees and investment-related costs — is in our E-2 visa costs guide.
Step 3: Schedule Your Visa Interview
Applicants aged 14–79 must attend an interview at the U.S. Embassy or Consulate. Schedule as early as possible — wait times vary significantly by post. Current consulate-by-consulate wait estimates are in our processing time guide.
Step 4: Prepare Your Supporting Documents
Consular officers weigh your submitted evidence alongside your interview answers. Different consulates — and different officers within the same consulate — focus on different areas, so local trends matter. See E-2 visa requirements for the full evidentiary standard, and our business plan guide for the document officers scrutinise most.
Step 5: Attend the Interview
You must demonstrate intent to depart the U.S. once your E-2 status ends; if the officer suspects an intent to remain permanently, the application can be refused. Typical interview questions and preparation tips are covered in our E-2 visa FAQs.
Setting Up Your E-2 Company
Once you have decided the E-2 visa is right for you, two structural steps come before filing: forming the company, and funding it. This applies whether you are starting a new venture, acquiring an existing business, or investing in an E-2 franchise.
Forming the company. You must own at least 50% of the E-2 business, since you are required to direct and develop it. Full ownership-structure rules — including what happens at exactly 50% — are in our requirements guide. For help with the actual formation and registered-agent step, see our business start-up services.
Opening a bank account and committing funds. You will need a business account to operate the company and to evidence the investment. There is no fixed minimum investment — officers apply a proportionality test based on the total cost of the business, not a set dollar figure.
⚠️ Common Denial Trigger: Funds merely sitting in a business bank account are not “at risk” — they must be spent or irrevocably committed (for example through a correctly structured escrow) before you file. How to structure and evidence this is covered in our requirements guide and business plan guide.
Required Documents
Prepare your E-2 visa requirements carefully — officers determine eligibility from your documents and interview together. Core filing documents include:
Filed Form DS-160;
A passport valid for at least 6 months beyond your intended stay, with at least one blank page;
Two colour photographs meeting U.S. visa photo requirements (religious headwear permitted);
Proof of the application fee payment;
Form DS-156E, if applying as an executive, manager, or essential employee;
Curriculum vitae;
Proof of intent to depart the U.S. once your visa expires (e.g. property deeds, lease);
Proof of a bona fide enterprise (business licence, bank statements, org chart, tax returns, financials);
Proof the investment is substantial (personal and business bank statements, licence/registration, business plan);
Proof of nationality; and
Proof the enterprise is not marginal (personal tax returns, assets/income, payroll records).
Other Factors That Affect Your Application
Beyond the filing steps above, a few things materially affect outcomes: your country's treaty eligibility, the quality of your business plan, and how well your investment evidence holds up at interview. The visa itself renews indefinitely in increments — see our renewal guide for how that works and when to start. Common denial triggers and other questions are answered in our E-2 visa FAQs.
Because filing errors and weak evidence are the most common reasons for delay or refusal, most applicants engage counsel before filing. See our guide to choosing an E-2 visa lawyer if you're comparing firms.
E-2 Visa Processing Time
Timelines depend on whether you file via USCIS (Change of Status) or a consulate (Consular Processing) — see the comparison table above for the headline difference. For the full breakdown by filing route and consulate — including how to legitimately speed the process up — see our E-2 visa processing time guide.
Validity, Extensions, and Dependents
E-2 visa validity (how long the visa itself is valid for travel) is set by the reciprocity schedule for your country and can run up to 5 years; your period of authorized stay in the U.S. is granted in 2-year increments and can be renewed indefinitely as long as you maintain E-2 eligibility. Full detail is in our E-2 visa renewal guide.
Your spouse and unmarried children under 21 may accompany you as E-2 dependents. Your spouse may work without a separate Employment Authorization Document; your children may study in the U.S.
E-2 Process FAQs
1. Can I start with Change of Status and get the visa stamp later?
Yes — many applicants obtain E-2 status via Change of Status first, then consular process on their next trip abroad. But the consulate adjudicates fresh: COS approval by USCIS does not guarantee the consulate will agree. Plan the stronger filing for whichever route you will rely on long-term. The cost implications of filing twice are covered in our E-2 visa costs guide.
2. Which consulate do I apply at?
Normally your home country or country of lawful residence. Where you have a choice, consulate selection can materially change your timeline — see our processing time guide. UK applicants should follow the London E-Visa Unit process.
3. How long does the whole process take, start to finish?
Including company formation, funding and document preparation, most well-prepared cases run 3–6 months end to end. The government-processing portion is broken down in our processing time guide; the costs at each stage are in our costs guide. More questions are answered in our full E-2 FAQ.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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 |
Country Specific E-2 Guides:
English
Tiếng Việt
E-2 Visas for UK Citizens
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
