The Requirements for British E-2 Visa Applicants

This page explains the core requirements for a UK applicant to obtian a US E-2 visa. For a complete overview of the E2 visa, including requirements, investment, and eligibility, visit our E-2 visa guide for UK applicants.

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E-2 Visas: The Core Requirements

Applicant and Business Must Have Treaty Nationality.

To qualify for E-2 classification, the investor must hold the nationality of a country that maintains the required treaty relationship with the United States. The business must also have the nationality of the treaty country. You can review our E-2 treaty countries list to confirm whether your nationality qualifies. 9 FAM 402.9-4(A); 9 FAM 402.9-4(B); 8 CFR 214.2(e)(3)

Must to Going to the US to Invest in a New or Existing Business.

An E-2 visa is available to a treaty investor who has invested, or is actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States and who is seeking entry solely to develop and direct that enterprise. 9 FAM 402.9-6; 8 CFR 214.2(e)(2)

Investment Must be in a Real Operating Business or a Business Capable of Immediately Commencing Operations.

The investment must be in a bona fide enterprise. The enterprise must be a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit. In practice, the application should show that the business is already operating or is in a position to commence operations immediately. 9 FAM 402.9-6(C); 8 CFR 214.2(e)(13)

Each E-2 investor Visa application must be accompanied by a business plan explaining the current and anticipated operations of the business. The business will need access to premises of a size suitable to support the operations described in the business plan.

Investment Cannot be Marginal.

The enterprise cannot be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and the investor’s family. A business may still qualify if it has a present or future capacity to make a significant economic contribution. 9 FAM 402.9-6(E); 8 CFR 214.2(e)(15)

The E-2 Investment Must be your Personal Funds or Business Assets.

UK investor reviewing E-2 visa personal funds and business asset requirements for U.S. investment
E-2 visa applicants from the UK must demonstrate that investment funds come from personal or business assets.

The E-2 investor must make his or her investment using their personal funds or business assets.

What constitutes personal and personal business assets can be complex. Our firm can guide you through this process. Under certain circumstances the proceeds of a loan which is properly structured for E-2 purposes can qualify.

Your Investment Must be Irrevocable Committed to the Business.

US law requires that your investment be irrevocably invested before your E-2 visa is filed.

If you are acquiring a US business the purchase funds are usually placed into an escrow account before the E-2 visa application is filed. If the E-2 visa application is refused your funds are returned to you.

D&A have pioneered the use of escrow accounts in the context of new business set-ups so that your investment can also be returned to you if your E-2 visa is refused. The US Consulate in London have approved every case we have filed involving the use of escrow accounts.

You must be Able to Document your Lawful Source of Funds.

You are required to evidence that your funds were lawfully earned in the country in which they were earned. Our US immigration lawyers will work with our UK lawyers to guide you through this documentation process.

Investor Must Develop and Direct the Business.

The E-2 investor must own and control the operations of the US business. Generally, the investor must demonstrate that they have an ownership interest of 50% or more.

Special Rule for Employees.

Employees who hold the same nationality as the principal E-2 investor are eligible to obtain E-2 visas providing they meet the applicable E2 requirements.

The E-2 Application Must Meet the Criteria Listed by the US Consulate in London.

In addition to meeting the statutory and regulatory requirements for E-2 classification, applicants must follow the specific procedures and evidentiary requirements set by the U.S. Embassy or Consulate where they apply. In London, this includes detailed formatting, document submission, and business plan expectations that must be followed carefully when preparing an E-2 application. 9 FAM 402.9-10; US Consulate in LondonE-2 Guidance.

While the core legal requirements are consistent across all consulates, each post may impose its own procedural rules regarding how applications are assembled and reviewed. For example, the U.S. Embassy in London requires electronic submission of a structured E visa application package, including a comprehensive business plan, source of funds documentation, and supporting corporate evidence. 9 FAM 402.9-10

Davies & Associates in the United Kingdom

We are recognized as a leading US law firm specializing in E-2 visa applications for UK Nationals.

Our resources across the US are available to help to assist you with the formation or acquisition of your US business.

Our team in London can assist you with every step of your E2 visa process.

Local Experience, International Expertize

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

Davies & Associates E2 Visa Lawyers in the United Kingdom

Based in the United States with a team of US E2 visa attorneys in London , Davies & Associates is recognized as a leading US law firm specializing in E-2 visa applications for UK Nationals.

Our resources across the US, including a team of specialist E2 visa corporate lawyers and E2 visa tax lawyers, are available to help to assist you with the formation or acquisition of your US business and your application for an E2 visa.

Our team in London can assist you with every step of your E2 visa process.

E2 Visa Interview Preparation Suite in Nine Elms, London

US Consulate in London viewed from E2 Visa lawyers preparation suite

In 2022, D&A plan to open an interview preparation suite opposite the US Consulate in London . Our E2 visa attorneys in London will receive clients at the suite before their interview and de-brief them in the suite after their interview.

Our interview preparation suite will potentially be located at: 3 Viaduct Gardens, London, SW11 7A, United Kingdom

List of United States Embassies, Consulates and USCIS in United Kingdom

E-2 treaty investor visa interviews in the United Kingdom are conducted at the US Consulate in London and at the US Consulate in Belfast. E2 visa lawyers The US Consulates in United Kingdom are located at:

US Consulate in United Kingdom, London
Address
33 Nine Elms Ln, SW11 7US, London
Phone
Office: +44-20-7499-9000
US Consulate in United Kingdom, Belfast
Address
223 Stranmillis Road, BT9 5GR, Belfast, United Kingdom

E2 Visa FAQs

Check out our most frequently asked questions about E2 Visa general FAQs

E2 Visa Solutions by Country of Nationality or Residency

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About the Authors

Mark I. Davies, Esq.

Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.

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. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. 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 the 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 and 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




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