E-2 Visa Services — Davies & Associates, LLC (Edinburgh, Scotland)

Last Updated: December 2, 2025 by Mark I Davies, Esq & Richard Latta, Esq.

Invest in the United States through the E-2 Treaty Investor Visa

At Davies & Associates, LLC, we assist entrepreneurs and investors across Scotland — from Edinburgh and Glasgow to Aberdeen and the Highlands — in securing U.S. E-2 Treaty Investor Visas. The E-2 Visa enables citizens of the United Kingdom to live and work in the United States by investing in and actively managing a qualifying U.S. business. Our Edinburgh-based immigration practice provides end-to-end legal and strategic guidance for Scottish individuals, families, and enterprises seeking to expand across the Atlantic. We understand the distinctive business environment of Scotland’s capital, its innovation clusters in technology, finance, and energy, and how Scottish entrepreneurs can structure U.S. investments effectively.

For the full statutory basis, see 8 CFR § 214.2(e) and INA § 101(a)(15)(E).

Overview

The E-2 Visa is designed to promote economic partnership between the United States and treaty countries. Applicants must demonstrate a bona fide business enterprise, a substantial and at-risk investment, and a clear intent to develop and direct that enterprise in the United States.

Our Edinburgh team regularly works with Scottish start-ups, renewable-energy ventures, family-owned firms, and university spin-outs seeking U.S. market entry. We also support established businesses in sectors such as financial services, food and drink, tourism, and engineering, helping them leverage the E-2 route to establish or acquire subsidiaries in the United States. Key legal and procedural guidance is detailed in the Foreign Affairs Manual (9 FAM 402.9). Scottish applicants attend interviews at the U.S. Embassy in London, but all documentation and legal preparation can be handled seamlessly from our Edinburgh office.


Davies & Associates in Scotland, Edinburhg

Eligibility Requirements

To qualify for the E-2 Treaty Investor Visa, an applicant must:

  • Hold citizenship in a treaty country (the United Kingdom qualifies).
  • Have invested, or be in the process of investing, a substantial amount of capital in a genuine, operating U.S. business.
  • Possess at least 50 percent ownership or effective control of the enterprise.
  • Demonstrate that the investment funds were lawfully obtained and placed at risk.
  • Intend to depart the United States upon termination of E-2 status.

For interpretive guidance, see the USCIS Policy Manual Vol. 2 Pt. E Ch. 9.

Our firm assists Scottish nationals in evidencing lawful fund transfers from U.K. banks and Scottish financial institutions, and in structuring transactions consistent with both U.S. and Scottish regulatory requirements.

Required Documentation

A persuasive E-2 petition should include:

  • Valid U.K. passport.
  • Completed DS-160 confirmation and DS-156E forms.
  • A comprehensive business plan showing viability, growth potential, and U.S. job creation.
  • Proof of investment (bank records, contracts, escrow agreements, or wire receipts).
  • Evidence of lawful source and movement of funds.
  • Articles of incorporation or registration for the U.S. enterprise.
  • Lease agreements, supplier contracts, and payroll documentation (if available).
  • Applicant’s CV and supporting credentials.

Our Edinburgh-based lawyers ensure every document aligns with the evidentiary standards applied by U.S. consular officers and referenced in the 9 FAM 402.9-6. We also tailor document presentation for Scottish investors who often manage smaller, family-run, or innovation-focused ventures rather than large U.S. corporations.

Step-by-Step Application Process

  1. Initial Consultation and Planning — We assess eligibility, business objectives, and investment structure in compliance with U.S. law. For Scottish clients, this includes advice on converting sterling investments, timing wire transfers, and preparing for the London interview.
  2. Entity Formation and Investment — We help form or acquire the U.S. enterprise and guide the lawful transfer of funds from Scottish banks or holding companies.
  3. Application Preparation — We prepare Forms DS-160 and DS-156E and assemble a complete evidentiary package.
  4. Submission and Interview — Applications from Scotland are filed through the U.S. Embassy London E-Visa Unit. Interviews typically occur within several weeks.
  5. Visa Issuance and Entry — Successful applicants receive an E-2 Visa generally valid for up to five years, permitting renewable two-year periods of stay in the United States.

Many of our clients operate businesses across both Edinburgh and U.S. cities such as New York, Austin, or Miami, facilitating trade in technology, renewables, and professional services between Scotland and America.

Business Plan and Investment Guidance

An E-2 business plan must be credible, detailed, and consistent with the realities of the U.S. market. It should demonstrate:

  • Projected revenues and job creation.
  • Market analysis and competitive positioning.
  • Capital structure and source of funds.
  • The applicant’s managerial role and direct involvement.

Davies & Associates advises on business structuring and compliance to ensure your plan meets the expectations set forth in 8 CFR § 214.2(e) and the FAM. We routinely support Scottish clients expanding into sectors such as renewable energy, education, technology innovation, and food and drink exports — all industries that Scotland is known for globally.

Benefits of the E-2 Visa

  • Live and work legally in the United States while managing your investment.
  • Travel freely in and out of the U.S. during visa validity.
  • Bring your spouse and unmarried children under 21.
  • Spouses may apply for U.S. employment authorization.
  • Renew the visa indefinitely as long as the business remains operational and meets treaty criteria.

These benefits make the E-2 Visa particularly attractive to Scottish entrepreneurs and family business owners who wish to expand their brands into the U.S. market without relocating permanently.

E-2 Family and Dependent Benefits

Family unity is central to the E-2 program. Spouses and dependent children may accompany the principal investor and enjoy the following benefits:

  • The right to reside in the United States for the same period as the principal applicant.
  • Eligibility for education at U.S. institutions.
  • Work authorization for spouses.

For more information on family immigration please follow this link

Renewals and Long-Term Options

E-2 status may be renewed indefinitely, provided the business remains viable and continues to satisfy investment and job-creation criteria. While the E-2 Visa is non-immigrant, certain investors later transition to immigrant classifications, such as the EB-5 Immigrant Investor Program or employment-based categories.

For Scottish companies that develop substantial U.S. operations, Davies & Associates offers strategic planning to support permanent growth and eventual residency considerations for executives and their families.

Challenges and Best Practices

Success in the E-2 process depends on preparation and credible documentation. Common issues include:

  • Insufficient evidence of lawful source of funds.
  • Weak or speculative business plans.
  • Incomplete ownership proof.

Our firm mitigates these risks through detailed due diligence and compliance reviews. We also coordinate with U.S. accountants and business brokers to ensure full adherence to regulatory standards. For Scottish clients, we often collaborate with local accountants, financial advisers, and the Scottish American Chamber of Commerce to ensure both cross-border accuracy and efficiency.

Community and Local Support

Edinburgh entrepreneurs benefit from strong transatlantic commercial networks, including the Scottish American Chamber of Commerce. Davies & Associates maintains close links with these organizations to support clients expanding their U.S. presence. We also work with Scottish Development International, local universities, and business incubators to connect innovative enterprises with U.S. partners and investors.

Contact Davies & Associates — Edinburgh Office

You can contact our Edinburgh office using the following details:

Our office is centrally located in Edinburgh’s New Town business district, serving clients throughout Scotland and Northern England with direct liaison to our U.S. offices in New York, Miami , Los Angeles , and Houston.

Map — Edinburgh Office

For your convenience, here is an interactive map showing the approximate location of our Edinburgh office in the New Town business district:

Frequently Asked Questions (FAQ)

Can I apply for the E-2 Visa from Edinburgh?

Yes. While the U.S. Embassy in London is the designated post for all visa interviews for UK residents, the entire application package can be prepared, compiled, and legally reviewed from our Edinburgh office. We regularly assist clients throughout Scotland, minimizing the need for travel and streamlining communications remotely from our local office, ensuring a smooth process leading up to your London interview.

How much is considered a "substantial" investment for the E-2 Visa?

There is no fixed minimum investment amount required by regulation. Instead, the investment must be proportional to the total cost of the business and sufficient to demonstrate the investor commitment, as interpreted under 8 CFR § 214.2(e)(14). For small start-ups, a lower investment may be acceptable if it is sufficient to launch and run the business. Scottish investors typically invest through limited companies or LLPs, and we assist in structuring these entities and documenting the flow of funds to ensure U.S. compliance.

Can I transition from the E-2 Visa to permanent residence (Green Card)?

The E-2 is a temporary, non-immigrant visa and does not directly lead to permanent residence. However, many successful E-2 investors later pursue immigrant options. We advise on long-term strategy at the outset and guide clients through successive E-2 renewals and potential immigrant pathways, such as the employment-based categories or the EB-5 Immigrant Investor Program, provided the business operations expand sufficiently to meet the criteria.

⚠️ Disclaimer

This information is for general guidance only and does not constitute legal advice. Immigration outcomes depend on individual circumstances and U.S. consular discretion. Davies & Associates, LLC provides personalised representation for Scottish and U.K. clients considering U.S. investment and residency options.

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