Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine. Ranked Band 1 for E-2 visas in Singapore by Global Citizenship Services (2026). Licensed in the USA. Georgia State Bar member. AILA member.
E2 Visa: The UK Guide to the E-2 Treaty Investor Visa
What is an E-2 visa?
An E-2 visa lets a national of a treaty country, including the United Kingdom, live and work in the United States to develop and direct a business in which they have invested, or are actively investing, a substantial amount of capital (INA 101(a)(15)(E)(ii); 8 CFR 214.2(e)(2)). It is a non-immigrant visa and can be renewed while the business continues to qualify.
This guide walks UK nationals through the E-2 visa: eligibility, the U.S. Embassy London process, costs, the UK residence rule, and how the E-2 compares with other routes.
Not a UK national? Our main E-2 visa USA guide sets out the treaty investor rules for applicants from every treaty country.
Not a UK national? Our main E-2 visa USA guide sets out the treaty investor rules for applicants from every treaty country.
| Item | Figure | Primary source |
|---|---|---|
| Treaty status | The United Kingdom is an E-2 treaty country | 9 FAM 402.9-10 |
| Territory | British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar | 9 FAM 402.9-10, note 10 |
| Residence | Must actually and permanently reside, and be domiciled, in that territory | 9 FAM 402.9-10, note 10 |
| Where UK residents apply | U.S. Embassy London, E-Visa Unit (not Belfast) | Embassy: How to Apply |
| Minimum investment | None fixed; the smaller the business, the higher the proportion invested | 9 FAM 402.9-6(D) |
| Application fee | USD 315 per applicant | State Department fees |
| Reciprocity fee and validity | No fee; multiple entries; up to 60 months | State Department reciprocity schedule, United Kingdom |
| Visa integrity fee | At least USD 250 per person, adjusted for inflation, created by law; no implementing notice published and not listed by the State Department or the London Embassy (checked 20 October 2026) | Public Law 119-21 |
| Initial review time | "over 90 working days"; no expedites | Embassy: How to Apply, read 20 October 2026 |
| Interview window | Within 90 days of the invitation | Embassy: How to Apply |
| Admission | Up to 2 years per admission | 8 CFR 214.2(e)(19) |
| Extensions | Up to 2 years at a time; no overall limit set | 8 CFR 214.2(e)(20) |
| Family | Spouse and unmarried children under 21, any nationality | INA 101(b)(1); 8 CFR 214.2(e)(4) |
| Spouse work | Authorised; I-94 marked E-2S is List C evidence | INA 214(e)(2); USCIS |
| Change of status in the U.S. | Form I-129 to USCIS; not available after ESTA entry | INA 248(a)(4); 8 CFR 214.2(e)(21) |
Table of Contents
- What is an E-2 visa?
- Can a British citizen get an E-2 visa?
- Who counts as UK for the E-2 visa?
- Can I qualify if I am living abroad temporarily?
- Do I have to live in the UK to apply in London?
- How much do I need to invest?
- How do I apply at the US Embassy in London?
- How long does an E-2 visa take in London?
- How much does an E-2 visa cost from the UK?
- London E-2 interviews
- How long can I stay in the US?
- Can my spouse work and my children go to school?
- Can I change to E-2 status from inside the US?
- Can an E-2 visa lead to a green card?
- Can E-2 visa holders get an EB-1C green card?
- E-2 vs L-1 vs EB-5
- Related guide: best US cities for UK founders
Award-Winning E-2 Lawyer in London
In 2026, Global Citizenship Services placed us in Band 1 and ranked us first among E-2 visa law firms in London.
Mark Davies has been named among EB5 Investors Magazine's Top 25 EB-5 Immigration Attorneys (2018 to 2023, and 2026).
Who This E-2 Visa UK Guide Is For
- UK nationals planning to start a U.S. business.
- British entrepreneurs buying or investing in an existing U.S. company.
- UK founders comparing E-2, L-1A, EB-5, and other U.S. business visa options.
- UK companies sending essential employees to a U.S. subsidiary or affiliate.
- Families planning a move to the United States through a business investment.
What Types of E-2 Visas Are Available to UK Nationals?
UK nationals are eligible for three types of E-2 visas:
- E-2 Treaty Investor Visas for founders and business owners.
- E-2 Employee Visas for executives, supervisors and essential employees of a qualifying E-2 business.
- E-2 Dependant Visas for spouses and unmarried children under 21.
Can a British citizen get an E-2 visa?
Yes. The United Kingdom is an E-2 treaty country (9 FAM 402.9-10). A British investor qualifies by owning at least 50% of, or controlling, a real U.S. business, investing a substantial amount of capital that is at risk, and coming to develop and direct it (8 CFR 214.2(e)(12) to (16)). Executives, supervisors and essential employees of a qualifying UK-owned business can also qualify (8 CFR 214.2(e)(3)).
The core standards, with their sources, are set out below.
| 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. | 8 C.F.R. § 214.2(e)(7); 9 FAM 402.9-4(B); INA § 101(a)(15)(E)(ii) |
| 2. Substantial Investment | 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. | 8 C.F.R. § 214.2(e)(14); 9 FAM 402.9-6(D); INA § 101(a)(15)(E)(ii) |
| 3. At-Risk Capital | 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. | 8 C.F.R. § 214.2(e)(12); 9 FAM 402.9-6(B); INA § 101(a)(15)(E)(ii) |
| 4. Real and Active Enterprise | 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. | 8 C.F.R. § 214.2(e)(13); 9 FAM 402.9-6(C); INA § 101(a)(15)(E)(ii) |
| 5. More Than a Marginal Enterprise | The business must not be marginal: it must have the present or future capacity to provide more than a minimal living for the investor and family, or to make a significant economic contribution. Projected future capacity should generally be realisable within five years from the start of normal business activity (8 CFR 214.2(e)(15)). | 8 C.F.R. § 214.2(e)(15); 9 FAM 402.9-6(E); INA § 101(a)(15)(E)(ii) |
| 6. Control and Development Intent | 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. | 8 C.F.R. § 214.2(e)(16); 9 FAM 402.9-6(F); INA § 101(a)(15)(E)(ii) |
For a detailed breakdown of these principles for UK investors, see our E-2 visa requirements guide. It explains how consular officers and USCIS read "substantial investment," "marginality," and "control" under the Foreign Affairs Manual at 9 FAM 402.9 and 8 CFR § 214.2(e).
Recent London E-2 approvals
Examples of E-2 Visa Approvals in 2026 at the U.S. Embassy in London
Our recent E-2 approvals in London cover a wide range of UK businesses, from fashion and food to recruitment, automotive, and biotech. Successful E-2 cases aren't tied to any one industry or business model.
Between January 2026 and April 2026, examples of successful E-2 matters in London included:
- April 22, 2026: HeadLight Glasses: a zero-employee case at filing, with qualifying investment based on inventory and Facebook ads. It shows that a carefully prepared low-investment, low-headcount case can still meet London E-2 standards.
- A men's footwear designer from Harrogate with an investment of USD 78,000.
- A recruitment business from Scunthorpe expanding into Rome, Georgia.
- A hat designer from Derby securing a third E-2 essential worker visa by using brand value through a licence agreement.
- A biotechnology company from London with qualifying investment that included patents.
- Three separate matters for car dealers, each establishing a U.S. business presence.
- A fish and chip business expanding from Brighton into Pensacola, Florida.
- Three separate E-2 matters for young, award-winning fashion designers from the London area.
Further reading on choosing the right legal partner for your E-2 application:
Who counts as UK for the E-2 visa? Isle of Man, Channel Islands and Gibraltar
For E-2 purposes the UK treaty covers the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar, so the Isle of Man is included. You must also actually and permanently reside, and be domiciled, in that territory when you apply (9 FAM 402.9-10, note 10). A British citizen living permanently in Spain or Dubai cannot rely on the UK treaty.
Can I qualify for the UK E-2 if I am living abroad temporarily?
Possibly. The test is that you actually and permanently reside, and are domiciled, in UK treaty territory (9 FAM 402.9-10, note 10). A British citizen who is abroad only temporarily, and keeps a permanent residence and domicile in the UK, may still qualify. Expect the Embassy to ask for evidence of both.
The State Department defines the UK treaty territory as "the British Isles (except the Republic of Ireland), the Channel Islands, and Gibraltar". A British national relying on the treaty must be an inhabitant of that territory, meaning someone who "resides actually and permanently" there and "has his domicile there" (9 FAM 402.9-10, note 10). In practice:
- residents of England, Scotland, Wales, Northern Ireland, the Isle of Man, Jersey, Guernsey and Gibraltar qualify;
- a British citizen living permanently in Spain, Dubai or Hong Kong does not qualify under the UK treaty, but one living abroad only temporarily, who keeps a permanent residence and domicile in the UK, may still qualify;
- a UK resident who is not a British national does not qualify unless they hold the nationality of another treaty country.
Spouses and children qualify through the principal and need not be British (8 CFR 214.2(e)(4)).
Do I have to live in the UK to apply for an E-2 visa in London?
Yes. The Embassy asks for evidence of your ongoing UK residence, such as the current lease or mortgage for your main home and your most recent UK payslip, and a signed statement that you will leave the U.S. when E-2 status ends. Within the United Kingdom, E-2 applications are made at the U.S. Embassy in London, not Belfast.
The Embassy's checklist asks for "evidence of the applicant's ongoing residency in the UK (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the UK; the applicant's most recent UK pay stub)", and "a signed statement of intent to depart the U.S. upon termination of E-2 status". The Embassy's list is not exhaustive. In our experience these also help: HMRC tax returns or SA302 tax calculations; council tax bills; utility bills in your name at the same address. A UK driving licence, car records, a TV licence or medical records are weak evidence on their own.
The rule catches out some of the strongest applicants. A client who has arranged his affairs to be non-resident in the UK for tax may find that the same arrangements make it hard to show UK residence to the Embassy. Deal with it before filing.
The following video explains the UK special residency rule.
Video: Special Considerations for UK-based Applicants for the E-2 Treaty Investor Visa
What the video covers
- [1:44] The speaker explains the UK treaty's residence condition; the legal test is set out above.
- [2:26] Evidence includes utility bills, council tax records, payslips, and mortgage or lease agreements.
- [3:05] The speaker's view that a UK driving licence or a mobile phone bill is not accepted; in our experience they are weak evidence on their own.
Transcript excerpts
[00:00:03] Hi everyone, my name is Verdi Atienza. I head the E-2 visa practice team at Davies & Associates. The E-2 visa is a popular option for entrepreneurs looking to develop a business in the U.S.
[00:01:58] There is one major exception for nationals of the United Kingdom: the treaty requires ongoing physical residency.
[00:02:26] Proof of residency includes local utility bills, council taxes, current lease/mortgage payments, and bank statements showing local transactions.
[00:03:05] Note: Driver licenses, car ownership, and phone bills are not acceptable evidence at the U.S. Embassy in London.
E-2 Treaty Investor Visas: Developing and Directing a U.S. Business
An E-2 Treaty Investor Visa is a non-immigrant visa that allows the holder to come to the United States[1] for the purpose of setting up or acquiring and then "develop and direct" a U.S. business. 8 C.F.R. § 214.2(e)(2); 9 FAM 402.9-6(F).
Can a British Citizen on an E-2 Visa Diversify into Other Businesses?
Yes, if correctly structured.
A British E-2 visa holder is only permitted to work for the E-2 entity for which the visa was approved[3]. However, if that entity is structured correctly and diversifies into multiple businesses, the investor may be eligible to work across those dependent businesses.
Management Companies and Holding Companies: Immigration Law vs. Corporate Law and Tax Planning
Placing several different businesses in one corporate entity can be optimal for immigration planning. However, from a liability protection and taxation planning perspective this can be a disaster. Disagreements between E-2 immigration attorneys and U.S. corporate lawyers are commonplace. Generally E-2 immigration lawyers disfavour the use of holding companies, while corporate and tax lawyers insist on using them.
One solution is to use a holding company that employs staff who provide services to subsidiary businesses, which can work for E-2 visa purposes. In these circumstances, it is critical that corporate and immigration counsel work as a team. Our lawyers sometimes restructure employment so staff move from the subsidiary to the holding company level, allowing the E-2 investor to remain tied to a management company or holding company with multiple subsidiaries. Obtaining an E-2 through a holding company is possible but involves special considerations and planning.
Why Every E-2 Visa Applicant in London Needs to Read the FAM
The Foreign Affairs Manual ("FAM") guides consular officers during the E-2 visa decision-making process. Reading the FAM is worthwhile for every E-2 visa applicant in London. See 9 FAM 402.9.
In addition to the guidance in the FAM, the U.S. Embassy in Nine Elms in London follows its own E-visa procedures and practical review style. While general E-2 procedures are posted on the U.S. Embassy's website, that guide is not complete. In London, working with a London-based E-2 lawyer with substantial experience presenting E-2 cases at the U.S. Embassy in London is highly beneficial.
Can I study while on an E-2 visa?
An E-2 investor or employee may study, part time or full time, provided the study is incidental to E-2 status: you must continue to develop and direct the business, and you cannot extend your stay to finish a course. The course need not relate to the business. E-2 dependants may also study.
How much do I need to invest for an E-2 visa from the UK?
There is no fixed minimum. The investment must be substantial for the business in question: generally, the lower the total cost of the business, the higher the proportion of that cost you must invest (9 FAM 402.9-6(D)). USD 100,000 is a planning figure, not an approval threshold. In London we have had approvals at about USD 30,000.
Not every category of spend is automatically accepted by consular officers as counting toward the qualifying investment amount. Professional and attorney fees, and vehicle costs, have in at least one documented case been questioned as to whether they count toward the total; this is not settled published guidance, so it is worth discussing with your attorney which categories of spend on your specific business plan are safely countable. On the funding side, dividend income can also be an acceptable source of E-2 investment funds, alongside savings or the proceeds of a business sale.
Applicants should also understand the wider E-2 visa costs and fees alongside the business investment itself.
What counts as a substantial investment for an E-2 visa?
A substantial investment depends on the nature and cost of the business. Lower cost businesses may qualify if most or all of the required funds are already committed, while larger or more operationally intensive businesses may require greater capital. The key question is whether the investment makes the enterprise credible, real, and capable of operating.
Where UK Applicants Apply
U.S. Embassy London: Primary Processing Post
Within the United Kingdom, E-2 Treaty Investor Visa applications for UK nationals are processed by the U.S. Embassy in London, not Belfast. The London Embassy has a dedicated E-Visa Unit that reviews applications for investors, employees and dependants under both the E-1 (Trader) and E-2 (Investor) categories.
Investors first register their company with the London E-Visa Unit. Employees of a registered company book their interview directly and bring the required employee documents, including Form DS-156E, to the interview (Embassy instructions; employee documents).
Read our guide
Official Source: U.S. Embassy London – E-2 Treaty Investor Visa Information
U.S. Consulate Belfast: Not Authorised 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 apply through the U.S. Embassy in London.
The Embassy's E visa instructions route every registration to the London E Visa Unit: How to Apply.
E-2 Visa for Scotland and Edinburgh Applicants
Applicants based in Scotland, including Edinburgh and Glasgow, also apply for the E-2 visa through the U.S. Embassy in London; there is no separate E-2 processing post in Scotland. For Scottish clients, Davies & Associates has an Edinburgh office, so the case can be prepared locally before the London E-Visa Unit filing.
Key Authority
Benefits
- For UK nationals, visa validity may be up to five years under the State Department reciprocity schedule. Admission is for up to two years under 8 CFR 214.2(e)(19); extensions of stay are governed by 8 CFR 214.2(e)(20).
- Your spouse may work for any U.S. employer once admitted in E-2 status. We recommend they also apply to USCIS for an employment authorisation document (EAD), because many employers will not hire without one.
- Unmarried children under 21 may accompany you; they may study but cannot work (INA 101(b)(1); 8 CFR 214.2(e)(4)).
Within the United Kingdom, E-2 applications are made at the U.S. Embassy in London, not Belfast. The Embassy sets out the process on its E visa how-to-apply page. Who counts as UK is explained above.
Useful Links
- 9 FAM 402.9: Treaty Trader, Investor and Essential Employee guidance (official Foreign Affairs Manual).
- USCIS E-2 Treaty Investors info: 8 CFR regulatory basis.
- U.S. Embassy London E-2 Visa info: official consular E-2 overview.
How do I apply for an E-2 visa at the US Embassy in London?
Investors first register their company with the London E-Visa Unit: complete the DS-160, open a visa appointment account and pay the fee, upload the supporting documents, wait for the review and attend the interview; you then travel within the visa's validity. Employees of a registered company skip the advance submission and bring their documents to the interview.
- Complete the online visa application form DS-160. Sign and submit it at least two business days before the interview.
- Open an account on the Visa Appointment Service, answer "No" to both questions in the "Applicant Responses" section, and pay the MRV application fee.
- Upload the supporting documents electronically, following the instructions given after step 2.
- Review. The E-Visa Unit confirms receipt and reviews accepted cases in order of acceptance against 9 FAM 402.9. The current initial review time is "over 90 working days", cases cannot be expedited, and more documents may be requested.
- Interview. You are emailed an invitation to book an interview and should attend within 90 days of it. Bring a printed DS-160 confirmation whose number matches your appointment account.
- Travel. If the visa is issued, you are admitted for up to two years at each entry (8 CFR 214.2(e)(19)). Check the E-2 annotation and the expiry date on your I-94 after every entry.
Employees of a company already registered with the E-Visa Unit book an interview directly and bring their documents on the day.
The Embassy's own instructions are on its E visa how-to-apply page.
The steps above are a summary. For the full step-by-step package, with the complete document checklist, the cover-letter structure and how the London E-Visa Unit expects the bundle to be organised and submitted, see our dedicated guide:
E-2 Visa Application Process for UK Nationals
E-2 Employee Visas for UK Nationals
An E-2 employee may qualify through executive or supervisory duties, or through special qualifications that make the employee's services essential to the enterprise. The employee must have the same nationality as the treaty enterprise. See 9 FAM 402.9-7(B) and 9 FAM 402.9-7(C).
How long does an E-2 visa take in London?
The Embassy states that its current initial review time is over 90 working days from acceptance of a complete case, and that E visa cases cannot be expedited. After the review you are invited to book an interview, which should take place within 90 days of the invitation. The Embassy gives no overall completion date.
Source: U.S. Embassy London, How to Apply, checked 20 October 2026.
Before filing, allow time to prepare:
- Incorporating your business and obtaining necessary corporate documentation (1–8 weeks).
- Preparing a business plan (2–4 weeks).
- Filing your E-2 treaty investor visa case.
- Attending the consular interview. (Current consular waiting times.)
For a stage-by-stage breakdown, see our E-2 visa processing time guide.
How much does an E-2 visa cost from the UK?
The State Department application fee is USD 315 for each applicant, including your spouse and each child; the UK has no reciprocity fee. Public Law 119-21 also created a visa integrity fee of at least USD 250 per person, but no implementing notice has been published and the State Department fee page lists only the USD 315 fee (checked 20 October 2026).
| Item | Who pays | Amount | Source |
|---|---|---|---|
| E visa application (MRV) fee | Each applicant, including spouse and children | USD 315 | State Department fees |
| Reciprocity issuance fee | Each applicant | None for UK nationals | State Department reciprocity schedule |
| Visa integrity fee | Each applicant issued a visa | At least USD 250, adjusted for inflation; not yet implemented by any published notice and not listed by the Embassy (checked 20 October 2026) | Public Law 119-21 |
| Change of status inside the U.S. (Form I-129, E) | Petitioner | USD 1,015, or USD 510 for a small employer; plus the Asylum Program Fee of USD 600, or USD 300 for a small employer | USCIS G-1055; check again at filing |
| Premium processing (optional, USCIS only) | Petitioner | USD 2,965 from 1 March 2026 | Federal Register, 12 January 2026 |
| Who is applying | People | Application (MRV) fees, USD 315 each |
|---|---|---|
| Investor only | 1 | $315 |
| Investor + spouse | 2 | $630 |
| Investor + spouse + two children | 4 | $1,260 |
Application fees only. British nationals pay no reciprocity fee; a dependant of another nationality may have a different fee. Legal fees and the business investment are separate.
Consular Processing vs. Change of Status to E-2 Status
Instead of applying for an E-2 visa through the U.S. Embassy in London, some applicants already in the United States may be able to request E-2 status from USCIS without obtaining a visa stamp. More details on Change of Status vs. Consular Processing.
Can I apply for an E-2 visa from outside the UK?
USCIS can grant E-2 status inside the United States, but it does not issue visas; the visa itself is issued by a U.S. embassy or consulate abroad, and applicants generally apply at the post in the country where they live. For UK nationals resident in the UK, that is the U.S. Embassy in London, which runs a dedicated E-Visa Unit. After a change of status in the United States you still need an E-2 visa from a post abroad to re-enter after travel.
Applying at a U.S. post in a third country (outside your country of residence) is sometimes possible, but many posts prioritise, or restrict E cases to, applicants resident in their consular district, and some decline third-country-national E applications. Because London is experienced with UK E-2 cases and applies the UK residence rule consistently, UK-resident applicants are usually best served filing there. If you are a UK national living outside the UK, take advice on which post will accept your case before you file.
Can an E-2 visa lead to an EB-5 green card? Yes. Many UK investors start on the E-2 and later move to the EB-5 Immigrant Investor Program for permanent residence. The E-2 lets you build and run the U.S. business now; the EB-5 is a separate immigrant route to a green card for you, your spouse, and unmarried children under 21.
For example, a UK founder opens a U.S. business on an E-2 visa and runs it for several years. As the business grows and they decide to settle permanently, they invest the required EB-5 amount (often into a qualifying project or their own expanded business) and file for EB-5, converting a temporary E-2 position into a path to a green card without giving up the company they already built.
Moving from an E-2 to an EB-5 green card? Speak to our EB-5 visa lawyers for UK clients
London E-2 Visa Interviews in 2026: What to Expect
Interviews are now more demanding
E-2 visa interviews at the U.S. Embassy in London are no longer as quick or predictable as they once were. According to a March 2025 AILA practice alert, applicants should now expect longer interviews and closer scrutiny.
What has changed
AILA reported that E visa interviews in London are now handled by a rotating group of consular officers rather than a dedicated E visa team. That means adjudications may be less consistent than in the past.
Practitioners have also reported interviews lasting up to 30 minutes, with much more detailed questioning for both business owners and employees.
What E-2 visa officers may ask
Applicants should be ready to answer detailed questions about the business and the investment. These may include revenue in the UK and the U.S., the business plan, startup costs, and the value of the investment.
For employee cases, officers may also ask why the company needs the applicant in the United States, whether the U.S. business is profitable, and whether the applicant understands that the E-2 visa is not a direct path to a green card.
AILA also reported unexpected refusals under INA 214(b), which requires an E-2 applicant to establish entitlement to non-immigrant status, including the intent to depart. We now prepare every London client for an interview of up to thirty minutes and for the possibility of a 214(b) refusal.
Since 1 October 2025, E-2 applicants and their dependants, including children under 14 and applicants over 79, should generally expect an in-person interview under the State Department's interview waiver update of 18 September 2025.
Download the March 2025 AILA Practice Alert
Read AILA's update on longer E-2 interviews and increased scrutiny at the U.S. Embassy in London.
Download the PDF
What Is the Most Important Part of an E-2 Visa Application?
A credible business plan explains how this business will operate, use the committed investment and meet the E-2 requirements, with its financial and staffing assumptions supported by evidence. It cannot cure an investment that is not substantial.
How long can I stay in the US on an E-2 visa?
Each admission is for up to two years (8 CFR 214.2(e)(19)). Extensions are granted in increments of up to two years, and the regulation sets no overall limit, for as long as you and the business keep qualifying (8 CFR 214.2(e)(20)). A UK E-2 visa can be valid for up to five years; validity and length of stay are different things.
Maximum Possible Visa Term
Total Maximum E-2 Validity for UK Nationals is Unrestricted
There is no restriction on the total number of years for which a U.K. national can hold an E-2 visa. (9 FAM 402.9)
UK Nationals Usually Receive Five Year Multiple Re-Entry E-2 Visas
E-2 visas are typically issued to UK nationals in increments of up to a maximum of five years.
Note that this is a maximum, and while rare, E-2 investor visas can be issued for a shorter validity period.[6]
Our Practical Experience with E-2 Validity Periods
In our own UK E-2 practice, nearly all approved UK investor cases have received an initial five-year E-2 visa term, although validity is discretionary and case-specific.
E-2 Status or E-2 Visa Validity Period
Each time a UK national enters the U.S. on an E-2 visa they are usually admitted in E-2 status for up to two years. Before the authorised stay on Form I-94 expires, file a timely extension or leave. Check each family member's I-94 separately.
Can my spouse work and my children go to school on an E-2 visa?
Your spouse and unmarried children under 21 can come as E-2 dependants, whatever their nationality (INA 101(b)(1); 8 CFR 214.2(e)(4)). Your spouse may work for any employer (INA 214(e)(2)): an unexpired I-94 marked E-2S is acceptable List C evidence for Form I-9, used with a List B identity document. Children may attend school, but E-2 status gives them no work authorisation.
Dependants are covered in 9 FAM 402.9-9.
E-2 spouses are authorised to work incident to status (INA § 214(e)(2), formerly § 214(e)(6)) and may work for any U.S. employer; no separate permit is legally required. We still recommend applying for an EAD, because many employers will not hire a foreign national without one. USCIS policy on E and L spouse employment.
See USCIS Policy Manual on E and L spouse employment authorisation.
Contact Davies & Associates: London Office
You can contact our London office using the following details:
- Address: 69 Old Broad Street, Dashwood House, London EC2M 1QS
- Telephone: +44 (0)20 3884 1812
- Email: [email protected]
- Consultation: Request a free E-2 assessment through our London team.
Our office is centrally located in London's City business district, serving clients throughout London, Scotland (including our Edinburgh office), and Central and Southern England, with direct liaison to our U.S. offices in New York, Miami, Los Angeles, and Houston.
Basic Corporate Setup and Choice of Business Entity
The business must meet its state's registration and registered-agent rules. Whether it needs separate premises depends on the business; the E-2 rules do not require every investor to lease an office (9 FAM 402.9-4(D)).
What type of Business for E-2?
Many business types are used in E-2 visa cases. The right entity depends on the specifics of the business, but a limited liability company (LLC) is very common. You should also have a properly written employment agreement and basic corporate documentation.
A registered agent is a state-law requirement for the company, not an E-2 requirement.
Registering your Business
Having established a U.S. business, you will need to open a bank account and obtain a tax registration with the U.S. Internal Revenue Service.
D&A's immigration lawyers are also supported by our firm's corporate and tax lawyers who are able to assist clients with important business set-up and documentation issues.
More Information on Setting Up Your Business
Follow this link to our page on business set-up services.
Can I change to E-2 status from inside the US?
Yes, if you hold an eligible non-immigrant status and meet the change-of-status rules, a petition on Form I-129 can ask USCIS to change you to E-2 without a London interview (INA 248; 8 CFR 214.2(e)(21)). You cannot change to E-2 after entering on ESTA. A change of status gives you E-2 status but not an E-2 visa: once you travel abroad, you normally need an E-2 visa from the Embassy in London to return.
If you are relying on a change to E-2 status, do not start E-2 work before USCIS approves the change and it takes effect (8 CFR 214.1(e)).
Investigating your U.S. Business on a B1/B2 Visa
Travelling to the United States to investigate business options is common. This raises the possibility of transitioning to "E-2 Status" from within the United States.[11]
Change of Status to E-2 from Within the U.S.
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.
A change of status is filed with USCIS on Form I-129. Where available, premium processing can be requested to obtain a faster decision on the I-129, though it does not itself grant an E-2 visa for travel.
Can an E-2 visa lead to a green card?
It can, but not automatically; the same is true of the L-1. Every route needs an immigrant petition, followed by adjustment of status in the U.S. (INA 245(a)) or an immigrant visa in London. UK clients mostly use EB-1C (INA 203(b)(1)(C)), EB-5 (INA 203(b)(5)), or EB-2 and EB-3 (INA 203(b)(2) and (3)). Holding E-2 rather than L-1 status makes no difference to EB-1C eligibility.
EB-1C requires that your employer abroad (it need not be British) and your U.S. company are related as parent, subsidiary or affiliate; that you worked for that employer abroad for at least a year as a manager or executive in the three years before the petition is filed or, if you are already in the U.S. working for the same employer or a related company, the three years before you entered as a non-immigrant (8 CFR 204.5(j)(3)(i)(A) and (B)); that the U.S. company and at least one qualifying organisation abroad continue doing business until the green card is granted, and the U.S. company has been doing business for at least a year when the petition is filed; and that your U.S. role is primarily managerial or executive (8 CFR 204.5(j)). Your E-2 investment can count towards EB-5 if it meets the EB-5 rules. If you are eligible to adjust status and a visa is available for your category, priority date and country of chargeability (usually your country of birth, INA 202(b)), the immigrant petition and the green card application can be filed together (8 CFR 245.2(a)(2)(i)(B); for EB-5, INA 245(n)). Your E-2 extension cannot be refused solely because the petition has been filed (8 CFR 214.2(e)(5)), and the regulation sets no overall limit on E-2 extensions (8 CFR 214.2(e)(20)). Two points need planning: get advance parole before travelling while the green card application is pending (8 CFR 245.2(a)(4)(ii)), and if you need a new E-2 visa in London after a petition has been filed, you must satisfy the officer that you intend to leave at the end of your stay (9 FAM 402.9-4(C)).
USCIS reminds officers that adjustment of status is discretionary as well as a matter of eligibility, and each case is assessed on its facts (USCIS Policy Memorandum PM-602-0199, 21 May 2026).
Can E-2 visa holders get an EB-1C green card, or do you need an L-1?
Yes, E-2 holders can use EB-1C; an L-1 is not required. Nothing in INA 203(b)(1)(C), 8 CFR 204.5(j) or the USCIS Policy Manual limits EB-1C to L-1 holders. The test is one year as a manager or executive with a related company abroad in the three years before the petition is filed or, if you are already in the U.S. working for the same employer or a related company, the three years before you entered as a non-immigrant (8 CFR 204.5(j)(3)(i)(A) and (B)).
The other conditions are:
- the U.S. employer is the same company as the foreign employer, or its parent, subsidiary or affiliate (8 CFR 204.5(j)(3)(i)(C));
- the U.S. employer has been doing business for at least one year when the petition is filed (8 CFR 204.5(j)(3)(i)(D));
- the U.S. employer and at least one qualifying organisation abroad continue doing business until the green card is granted (USCIS Policy Manual, Volume 6, Part F, Chapter 4); it need not be the company that employed you;
- the U.S. employer can pay the offered wage (8 CFR 204.5(g)(2));
- the U.S. job is primarily managerial or executive (8 CFR 204.5(j)(2) and (j)(5)).
The employer abroad need not be British. A UK investor who owns both the UK company and the U.S. company can meet the affiliate test, because an affiliate includes one of two subsidiaries owned and controlled by the same individual (8 CFR 204.5(j)(2)).
Neither visa converts automatically: USCIS says that eligibility as an L-1A "does not automatically establish eligibility" for EB-1C (USCIS Policy Manual, Volume 6, Part F, Chapter 4). The differences lie elsewhere. The L-1 is a dual-intent visa (INA 214(b) and (h); 8 CFR 214.2(l)(16)), and L-1 holders who meet 8 CFR 245.2(a)(4)(ii)(C) may travel while a green card application is pending without advance parole. E-2 holders need advance parole to travel, and must satisfy the officer of their intent to leave if they renew the visa abroad after filing (9 FAM 402.9-4(C)).
E-2 vs L-1 vs EB-5: which is best for a UK business owner?
For most UK owners the E-2 is the natural start: no fixed minimum investment, no required employment abroad and no overall time limit in the regulation. The L-1 suits a UK company transferring a manager who has worked for it for a year. EB-5 is itself a green card and needs USD 800,000 or USD 1,050,000, both adjusted for petitions filed from 1 January 2027 (INA 203(b)(5)(C)).
| E-2 treaty investor | L-1 intracompany transferee | EB-5 investor | |
|---|---|---|---|
| What it is | Non-immigrant visa (INA 101(a)(15)(E)(ii)) | Non-immigrant visa (INA 101(a)(15)(L)) | Immigrant visa: a green card (INA 203(b)(5)) |
| Nationality | Treaty national; the UK qualifies; business at least 50% owned by treaty nationals (9 FAM 402.9-4(B); 8 CFR 214.2(e)(16)) | Any nationality | Any nationality; waiting time depends on country of birth (INA 202(b)) |
| Investment | Substantial, no fixed minimum (9 FAM 402.9-6(D)) | No fixed amount; a new office must show it can start operations and pay the employee (8 CFR 214.2(l)(3)(v)) | USD 1,050,000, or USD 800,000 in a targeted employment area or infrastructure project (INA 203(b)(5)(C)); amounts adjust from 1 January 2027 |
| Prior employment abroad | None for the investor | One continuous year in the prior three (8 CFR 214.2(l)(1)(ii)(A)) | None |
| Jobs | Business must not be marginal (8 CFR 214.2(e)(15)) | No fixed number; staffing must support the managerial or executive role (8 CFR 214.2(l)(3)(v)) | At least 10 full-time jobs (INA 203(b)(5)(A)(ii)) |
| First stay | Up to 2 years per admission (8 CFR 214.2(e)(19)) | Up to 3 years; 1 year for a new office (8 CFR 214.2(l)(7)(i)(A)) | Conditional residence for 2 years (INA 216A) |
| Maximum stay | No overall limit set (8 CFR 214.2(e)(20)) | 7 years L-1A, 5 years L-1B (8 CFR 214.2(l)(15)(ii)) | Permanent |
| Spouse may work | Yes (INA 214(e)(2)) | Yes (INA 214(c)(2)(E)) | Yes, as a permanent resident |
| Dual intent | No; must intend to leave when status ends (8 CFR 214.2(e)(5)) | Yes (INA 214(b) and (h); 8 CFR 214.2(l)(16)) | Not applicable |
| Converts to a green card automatically | No | No (USCIS Policy Manual, Vol. 6, Part F, Ch. 4) | It is itself the green card route |
| EB-1C open to holders | Yes, if 8 CFR 204.5(j) is met | Yes, if 8 CFR 204.5(j) is met | Not applicable |
| Travel while I-485 pending | Advance parole needed (8 CFR 245.2(a)(4)(ii)(A)) | May travel without advance parole if 8 CFR 245.2(a)(4)(ii)(C) is met | Advance parole normally needed, depending on current status (8 CFR 245.2(a)(4)(ii)) |
Neither the E-2 nor the L-1 converts automatically to a green card; both can lead to EB-1C under 8 CFR 204.5(j).
The U.S. Advantage: Why UK Investors Choose the E-2 Visa
UK clients choose the E-2 because it can be renewed for as long as the business qualifies and because it lets them run the business themselves.
References
- 8 CFR § 214.2: Special requirements for admission, extension, and maintenance of status (E-2 Treaty Investor Visas).
- 9 FAM 402.9-4(A) and 9 FAM 402.9-4(B): qualifying treaty and nationality.
- 8 CFR § 214.2: Special requirements for admission, extension, and maintenance of status (work restriction).
- 9 FAM 402.9-9: Dependants of E-2 principal aliens (spouse and children).
- USCIS Policy Manual, Volume 10, Part B, Chapter 2: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses.
- 9 FAM 403.9-4: validity of non-immigrant visas.
- U.S. visa reciprocity schedule, United Kingdom (E-2: no fee, multiple entry, 60 months).
- 9 FAM 402.9-10: Requirements of the Treaty (UK residency restriction).
- 8 CFR § 248.1: Eligibility for change of nonimmigrant status.
- U.S. Travel Docs: Visa Waiver Program (ESTA).
- 22 CFR § 22.1: Schedule of fees for consular services; U.S. Department of State, Fees for Visa Services.
- 8 CFR § 214.2(e)(19): Period of admission.
- 9 FAM 402.9: treaty trader and treaty investor guidance.
- Public Law 119-21, H.R. 1, Section 100007: Visa Integrity Fee (statutory source).
- Federal Register: USCIS Immigration Fees Required by H.R. 1 (Visa Integrity Fee implementation note).
- USCIS: Updates Fees Based on H.R. 1.
- U.S. Department of State: Fees for Visa Services.
- U.S. Embassy London E visa application process.
- U.S. Embassy London interview documents for employees of E-1 and E-2 businesses.
- U.S. visa reciprocity schedule: United Kingdom E-2 visas.
- Department of State visa fee schedule.
- Premium processing fees increased March 1, 2026.
Page updates & revision history
Material changes to this guide, most recent first. Dates show when the guidance was reviewed or revised.
- October 2026: Answers restructured by question; UK territory and residence rule corrected (9 FAM 402.9-10, note 10); London review time, fees and integrity fee updated; EB-1C and comparison sections added; citations corrected to 8 CFR and FAM.
- July 2026: Added detail on the new U.S. visa integrity fee of at least $250 per applicant (and per dependent), charged at visa issuance; implementation is pending a future DHS publication. See references for Public Law 119-21 and the Federal Register notice.
- July 2026: Updated internal cost links to the E-2 visa cost guide and corrected the USCIS spouse work-authorization citation to Policy Manual Vol. 10, Part B, Ch. 2.
- June 2026: Reflected 2025 U.S. Department of State country-of-residence guidance and the USCIS PM-602-0199 (21 May 2026) memo on adjustment-of-status discretion.
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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