E-2 Visa Lawyer London
Planning to invest in a US business? Our E-2 Treaty Investor Visa solicitors guide UK nationals through eligibility, investment structuring and the full application — from planning to approval.
What Is the E-2 Visa?
The E-2 Treaty Investor Visa is a US non-immigrant visa that lets nationals of a qualifying treaty country invest in and actively run a business in the United States. As confirmed by USCIS, an applicant must be a national of a country that holds a treaty of commerce and navigation with the US, and must be investing, or actively in the process of investing, a substantial amount of capital in a real and operating US enterprise.
The United Kingdom qualifies: the underlying UK–US treaty basis dates back to 1815, and the current State Department reciprocity schedule grants UK nationals an E-2 visa valid for 60 months, multiple entries, with no visa issuance fee.
Unlike an immigrant investor visa such as the EB-5, the E-2 does not lead directly to a Green Card — but it can be renewed indefinitely in further increments so long as the business continues to qualify, and it allows the investor to bring dependants and essential employees. See our E-2 vs EB-5 comparison below if permanent residency is the end goal.
Related route: if your investment involves relocating an existing UK company’s staff to a US office rather than starting fresh, our L-1 Intra-Company Transfer Visa page may be the better fit.
What Counts as a "Bona Fide Enterprise" for an E-2 Visa?
A bona fide enterprise is a real, active, for-profit business — not a passive investment such as undeveloped land or uninvested stocks and bonds. Per USCIS guidance, the enterprise must:
- Be a real, active, and operating commercial or entrepreneurial undertaking that produces goods or services for profit
- Meet every applicable legal requirement for the jurisdiction in which it operates
- Not be “marginal” — i.e., it must have the present or future (within five years) capacity to generate income beyond a minimal living for the investor and their family
The enterprise can be a new start-up or the purchase of an existing business.
How Much Investment Is Required for an E-2 Visa?
There is no fixed minimum investment amount — USCIS applies a “proportionality” test instead of a set dollar figure. The rule, sometimes called the inverted sliding scale, means the required investment is judged against the actual cost of buying or starting that specific type of business: a lower-cost business needs a proportionally higher percentage invested, while a higher-cost business can qualify with a smaller percentage.
Funds must be committed and at risk in the business (not merely available), and you’ll need to evidence the source of funds. Demonstrating that the business will create jobs for US workers strengthens an application but is not, by itself, a requirement.
Who Qualifies for an E-2 Treaty Investor Visa?
You may apply either as the Treaty Investor yourself or as a qualifying employee of a treaty investor/enterprise.
As the Treaty Investor, you must:
- Hold the nationality of a treaty country (the UK qualifies)
- Be investing, or actively in the process of investing, a substantial amount of capital
- Be seeking entry solely to develop and direct the enterprise — typically shown by at least 50% ownership, or by demonstrating operational control through a managerial position
As a Treaty Investor’s employee, you must:
- Hold the same nationality as the principal treaty employer (which may be the same nationality as the majority-owning company, not only an individual)
- Be joining to perform duties of an executive or supervisory character, or
- Hold “special qualifications” that make your skills essential to the enterprise’s efficient operation (note: language ability alone does not qualify as a special qualification)
Executive, Supervisory or “Special Qualifications” Employees
If you’re applying as an employee rather than the principal investor, USCIS will look at whether your role is genuinely executive/supervisory or whether your specific skill set is essential and not readily available in the US labour market. Evidence typically includes:
- A letter of support from the treaty enterprise describing your role and its executive/supervisory nature (or the specialised skills required)
- Your CV, showing prior experience matching the proposed role
- For “special qualifications” claims: evidence of how rare and valuable the relevant credentials and experience are, how many other people could perform the role, and the salary/seniority attached to it
E-2 Visa Processing Times
Processing time depends on which of two separate routes you use, and the page previously conflated them — here’s the accurate breakdown:
Consular processing (the usual route for a first-time E-2 investor applying from the UK): the US Department of State does not publish a fixed average wait time for E-2 applications specifically, since it depends on interview appointment availability at the relevant embassy or consulate and case-specific administrative processing (which can add several weeks after the interview). Ask us for the current appointment wait time at the post you’ll be applying through.
USCIS Form I-129 (only relevant if you’re changing status or extending your stay from inside the US): standard processing currently runs to several months; premium processing (Form I-907) guarantees action within 15 calendar days, for a fee of $2,965 (increased from $2,805 with effect from 1 March 2026, per the Federal Register premium processing fee rule). Note that premium processing guarantees a decision or a Request for Evidence within the window — not automatic approval — and the clock resets if USCIS issues an RFE.
Speak to our immigration solicitors about which route applies to your situation and current appointment/processing timelines before you file.
How to Apply for an E-2 Visa via Consulate
- Submit Form DS-160 — the Online Nonimmigrant Visa Application
- Pay the applicable visa application fee (this varies; UK E-2/E-1 visa issuance itself carries no separate issuance fee under the current reciprocity schedule, but the standard DS-160 application fee still applies)
- Schedule your visa interview at the US Embassy or a consulate in your country of nationality or permanent residence
- Attend the interview with your passport, DS-160 confirmation page, appointment letter, photo, and full supporting documentation (see below)
How Long Does an E-2 Visa Last?
An E-2 visa is typically issued for up to 60 months for UK nationals (per current State Department reciprocity terms), while a grant of status inside the US is capped at an initial two years. Extensions can be requested indefinitely in further increments, provided you continue to meet the eligibility requirements and maintain the intent to depart the US once your E-2 status ends. E-2 status holders and their qualifying employees can also travel abroad and re-enter on a valid E-2 visa without filing a new petition, subject to normal admissibility checks at the border.
Supporting Documents for an E-2 Visa Application
- Evidence of the lawful source of your investment funds (bank statements, sale agreements, loan documentation)
- Evidence the investment is committed and at risk — escrow documents, leases, stock purchase agreements, signed contracts, payment confirmations
- A detailed business plan setting out your model, staffing, and financial projections
- Your CV/resume, evidencing your capability to run the enterprise
- A description of the role and organisational structure you’ll hold
- For employee applicants: the supporting letter described above
E-2 vs EB-5 vs L-1: Which Visa Fits Your Situation?
| E-2 Treaty Investor | EB-5 Immigrant Investor | L-1 Intra-Company Transfer | |
|---|---|---|---|
| Leads to a Green Card? | No (renewable status only) | Yes – direct immigrant route | No (but can be a stepping stone via EB-1C) |
| Nationality requirement | Must be a treaty-country national | Open to any nationality | Must be transferring within a qualifying multinational company |
| Minimum investment | No fixed minimum; must be “substantial” and proportional | Fixed minimum, currently $800,000–$1,050,000 depending on area | Not investment-based |
| Duration | 2 years initially, renewable indefinitely | Conditional then permanent residency | Up to 5 or 7 years depending on category |
| Best suited to | UK nationals actively running a US business long-term without needing a Green Card | Investors who want permanent US residency | Employees of an existing UK company opening or transferring into a US office |
Frequently Asked Questions
Is the UK an E-2 treaty country?
How much money do I need to invest for an E-2 visa?
Does the E-2 visa lead to a Green Card?
How long can I stay in the US on an E-2 visa?
Can my employees come with me on an E-2 visa?
Can my spouse work in the US on an E-2 visa?
How much does E-2 premium processing cost?
What happens if my E-2 business fails or I want to change business?
Request to book a Free Consultation
Our Clients Share Their Success Stories.
Good service 👍 👌 many thanks for the great service you have provided to us. Our visa got approved just within 2 weeks only because of your hardwork and subject matter expertise. I am very thankful to you
For me, it was the attitude towards the job the lawyers displayed. Totally unmatched. I've been in and out of law firms because of the divorce with my wife and other related issues but Adam Bernard Solicitors was it for me guys. The best!
I want to thank Adam Benard team, they really helped me in my process of purchasing a property, their team are listen and respond to their customers fast. I really love your service, thanks alot.
Adam Bernard team helped me to purchase the best property for the best amount of time for the best money i have . i personally love dealing with them and i thank the team for all the efforts they made to make the task better .
