E2 Visa Comprehensive Guide for UK Nationals

An E2 visa is a great opportunity for British entrepreneurs who want to invest in the United States. This guide covers E2 visa essentials for UK nationals looking to start their businesses in the US. From investment requirements to application processes, we’ve got you covered every step of the way.

The E2 Visa for UK Nationals

The E2 visa is a non-immigrant visa that allows citizens of treaty countries, such as the United Kingdom, to invest in and manage businesses within the United States. This visa aims to foster international trade and investments by granting entrepreneurs the opportunity to bolster the US economy. For UK nationals looking to establish or take over a business in the US, the E2 visa is a sought-after option.

E2 Visa Benefits

The E2 visa offers several benefits for UK nationals considering business investment in the US:

Direct business involvement

E2 visa holders can actively manage and operate their businesses, ensuring a hands-on approach to their investment. They can establish or acquire various business types, from startups to franchises.

Dual intent

E2 visa holders can express their intent to pursue permanent residency while holding the visa, offering a potential pathway to a green card.

Family inclusion

The E2 visa allows immediate family members, including spouses and children under 21, to join the visa holder in the US under E2 dependent visas.

Unlimited extensions

As long as the business remains operational and successful, the E2 visa can be extended indefinitely, providing stability for long-term business growth.

Fast processing times

E2 visa applications often have faster processing times than other visa categories, allowing entrepreneurs to start their business ventures sooner.

E2 Visa Qualifications for UK Nationals

By adhering to the E2 visa eligibility criteria below, applicants can effectively pursue their entrepreneurial dreams in the United States.

Citizenship eligibility

The good news for UK nationals is that they qualify as citizens of a treaty country, which is the foundational requirement for pursuing an E2 visa.

Significant capital investment

UK applicants must invest a substantial amount of capital in a legitimate US business venture. The investment should be substantial enough to ensure the successful operation of the enterprise and generate income.

Active managerial role

Applicants should actively manage or oversee the US business’s operations, showcasing their leadership and decision-making responsibilities. They must also own at least 50% of the business or demonstrate an essential position within the company’s organizational structure.

Genuine business risk

The concept of “at-risk” investment is a key aspect of the E2 visa. It means that the invested funds should genuinely contribute to the business and be subject to potential loss if it faces challenges. In other words, the investment should actively support the business’s operations and cannot be easily recovered.

Valid business entity

The business receiving the investment must be a bona fide commercial entity engaged in ongoing profit-generating activities. This ensures that the investment aligns with the purpose of the E2 visa program—to contribute to the US economy by establishing and operating legitimate enterprises.

Transparent source of funds

Applicants must provide clear documentation of the lawful origin of their investment funds, ranging from personal savings to legitimate sources of income.

Intent to depart

Demonstrating an intent to depart the US upon visa expiration is essential to ensure that the visa serves its intended purpose of facilitating temporary business activities.

No criminal record

Applicants must not have a criminal record that would render them ineligible for a US visa under the grounds of criminal activity or security concerns.

Are There Additional Requirements for British E2 Visa Applicants?

UK nationals applying for an E2 visa have specific requirements to fulfill beyond the general qualifications. One unique aspect is the residency requirement, which states that applicants must reside in the UK at the time of application.

However, this condition can be interpreted flexibly for UK citizens living abroad, provided they can demonstrate strong ties to the UK. These ties can take various forms, such as the following:

Owning property in the UK
Recent pay slips with tax and national insurance payments
Maintaining UK connections during temporary work abroad
Having family in the UK (spouse/children attending school)
Proof of local utility bill payments (gas, water, electric, council taxes)
Current lease or mortgage payment
Payment of inland revenue taxes or bank statements with local transactions

Note that the Embassy doesn’t accept certain documents for residency proof, such as a UK driver’s license, car ownership proof, TV license, doctor or dentist info, cell phone bills, and rewards/sports club cards.

What is the Minimum E2 Visa Investment?

The E2 Visa investment doesn’t have a set minimum, but it must be substantial and proportional to the business’s total cost. This showcases your commitment to your business’s success and growth in its initial years. Usually, investments of around $100,000 or more are considered fitting, underlining your dedication to ensuring your business thrives and expands during its crucial early stages.

How Can UK Nationals Apply for an E2 Visa?

The E2 visa application process offers two pathways for UK nationals:

Application Within the US

If you’re legally present in the US, you can switch your status to an E2 visa. This requires filing Form I-129, Petition for a Non-Immigrant Worker, with the USCIS. The petition should demonstrate your nationality, investment, and intent to return.

If you are part of a company, your employer files Form I-129. Upon approval, you receive Form I-797, Approval Notice.

Application from the UK

Applying for an E2 visa from the UK involves several steps:

Fill out form DS-160, Non-immigrant Visa Application, providing your information and purpose of travel.
Pay the application fee and potential additional fees based on your home country.
Create a visa appointment. Log in to your Visa Appointment Service account and schedule an interview at the nearest US Embassy or Consulate in the UK. The primary locations where you can apply for an E2 visa interview in the UK include:
US Embassy London: 33 Nine Elms Ln, SW11 7US, London
US Consulate General Belfast: 223 Stranmillis Road, BT9 5GR, Belfast, United Kingdom
Prepare your document file on the interview day, including:

Filed Form DS-160.
Valid passport.
US visa-compliant photos.
Receipt for the application fee payment.
Form DS-156E if an Executive/Manager/Essential employee.
Proof of intent to return, such as property deeds or apartment lease.
Proof of bona fide business, including licenses, financial statements, office lease, and more.
Proof of substantial investment, like bank statements and business plan.

Attend the interview where your purpose, intentions, and plans will be discussed.

How Long Does It Take To Process an E2 Visa Application?

The processing time for an E2 visa application can vary, typically ranging from a few weeks to several months. However, applicants who apply from within the US can expedite the process by choosing premium processing, which guarantees a response within 15 calendar days for an additional fee. This can be particularly beneficial for those who need a quicker decision on their visa application.

How Long Can an E2 Visa Investor Stay in the US?

Initially, an E2 visa is usually granted for 2 years. During this time, you can actively manage and grow your invested business. As the initial period nears its end, you can apply for extensions to prolong your stay and continue operating your business in the United States.

Can I Move to the US with My Spouse and Children Under an E2 Visa?

You can relocate to the US with your spouse and children under an E2 visa. The E2 visa allows you to bring your immediate family members, including your spouse and unmarried children under 21, to live with you in the United States.

However, it’s important to note that your family members must also be citizens of the United Kingdom to be eligible for the E2 visa sponsorship. Your children can attend school in the US, and your spouse can also apply for a work permit to legally work in the country.

Can E2 Visa Holders Apply For US Permanent Residency?

E2 visa holders can apply for US permanent residency, also known as a green card, under certain conditions. While the E2 visa is a non-immigrant visa, it can be a stepping stone towards obtaining a green card. E2 visa holders can explore various avenues to transition to permanent residency:

EB-5 Investor Visa

E2 visa holders can apply for an EB-5 investor visa, which offers a path to green card status. This option typically involves a significant investment in a new commercial enterprise that creates jobs in the US.

EB-2 National Interest Waiver (NIW)

The NIW is another pathway for obtaining a US green card. This allows individuals with exceptional abilities or advanced degrees to apply for a green card without the requirement of employer sponsorship if their work is deemed to be in the national interest of the United States.

Family-Based Green Cards

Depending on the relationship, E2 visa holders with family members who are US citizens or green card holders may be eligible for family-sponsored green cards.

How E2VisaFranchises Can Help You?

Applying for an E2 visa can be complex, especially for UK nationals aiming to start businesses in the US. That’s where E2VisaFranchises comes in. We can help you pick the right franchise investment that fits your goals and visa needs, making your journey smoother. Our platform offers franchise options in various sectors, allowing you to explore opportunities that match your plans.

What Types of Businesses Qualify for an E2 Visa?

For UK nationals applying for an E2 visa, the type of business you choose matters, but not necessarily in the way many expect. The U.S. government does not approve or reject businesses based on industry. Instead, it looks closely at how the business is structured, how it is funded, and whether it meets specific legal and economic standards.

The Business Must Be Active and Operating

The E2 visa is only available to individuals investing in a real, operating business. That means the business must be actively providing goods or services. It should already be moving toward daily operations at the time of application.

Examples of qualifying businesses include a functioning café, a marketing agency with active contracts, or a cleaning company that already serves paying clients. Investments in undeveloped property, passive income sources, or companies that exist only on paper will not meet this requirement.

The Business Must Not Be Marginal

A marginal business is one that only generates enough income to support the investor and their family. To qualify for the E2 visa, the business must do more than that. It should have the potential to grow, become profitable, and contribute to the U.S. economy. This is often shown by the intention to hire U.S. workers or scale operations over the first few years.

You are not required to have employees right off the bat, but your business plan should outline how and when you intend to build a team and expand the business.

Most Business Types Are Eligible if Properly Structured

There is no official list of E2-approved business types. Most industries can qualify as long as the business is well-structured and meets the legal requirements.

Common choices among E2 visa applicants include food service, consulting, retail, and digital services. These models typically offer manageable initial investments and clear paths to satisfy E2 requirements.

Online businesses can also qualify, but they must be real companies with infrastructure, clients, and meaningful activity in the U.S. They cannot be part-time or passive projects.

Franchises and Acquisitions Are Viable Options

Purchasing a franchise or buying an existing business is a popular strategy. These models offer some stability, a proven concept, and often a ready-made customer base. However, even with a franchise, you must show personal investment, full ownership control, and a clear plan for day-to-day operations.

The E2 visa requires that you own at least 50 percent of the business and that you are actively directing it. Passive investment or silent partnerships do not qualify.

Forming the Right Business Entity Matters

Although it is technically possible to apply for the E2 visa as a sole proprietor, this structure is usually not advisable. Most applicants form a U.S. limited liability company (LLC) or a corporation. This approach helps clarify ownership, improves credibility during the visa review, and provides legal protection for the investor.

What Are the Limitations of an E2 Visa?

The E2 visa offers many advantages for UK nationals looking to start or buy a business in the United States. But with those benefits come real limitations that applicants must fully understand before committing to the process. Below is a clear breakdown of those limits, framed by what the E2 visa actually offers and what it does not.

It Is a Renewable Visa

You can extend your stay in the U.S. as long as your E2 business remains active and compliant with visa rules. There is no fixed maximum number of renewals, and UK nationals currently receive two-year entries with each approval.

It Is Not Permanent Residency

The E2 visa does not lead to a green card. It is a non-immigrant visa. If you are looking for long-term immigration or citizenship, you will need to explore other visa categories or green card pathways.

It Is Tied to a Specific Business

Your visa is directly connected to the business you invest in. It must remain operational, profitable (or capable of growth), and structured for job creation. The E2 is meant for active business development.

It Is Not Transferable Between Businesses

If you close your business or sell it, your E2 status ends. You cannot transfer the visa to another unrelated company unless you reapply entirely based on that new investment.

It Is Designed for Active Investors

You must own at least 50 percent of the business and be actively involved in running it. You are expected to direct and develop the enterprise on a daily basis.

It Is Not for Passive Investment or Silent Partnerships

Investing capital alone is not enough. If you do not have operational control or day-to-day involvement, you will not qualify or maintain eligibility.

It Is Inclusive of Your Immediate Family

Spouses and unmarried children under 21 can accompany you to the United States as E2 dependents. Your spouse can apply for a work permit once inside the country.

It Is Not a Long-Term Solution for Adult Children

Once a child turns 21, they are no longer eligible as an E2 dependent. At that point, they must qualify for their own visa or leave the United States.

It Is Subject to Ongoing Review

Each time you renew, you must show that your business remains real, active, and capable of supporting more than just your family. If the company is failing or stagnant, your renewal could be denied.

It Is Not Guaranteed for Life

The E2 visa is conditional. If your business is not meeting the visa’s requirements, such as job creation, operational activity, or financial viability, your ability to stay in the U.S. may be at risk.

It Is Available to UK Citizens Through a Treaty

The UK is one of the countries with a qualifying treaty with the United States, making the E2 visa accessible to British nationals who meet the investment and business criteria.

It Is Not a Globally Guaranteed Option

The E2 visa exists only because of an international treaty. If that treaty were ever altered or suspended, access to the visa could change. While rare, these agreements are political in nature and not permanent law.

What Does It Mean for an Investment to Be Irrevocably Committed and At Risk?

Imagine an investor from the UK planning to launch a small logistics company in Texas. They’ve transferred £150,000 into a newly opened U.S. business account. The LLC is registered. A detailed business plan is ready. But aside from a virtual office address, no funds have been spent. No lease has been signed. No equipment has been ordered. The money is sitting untouched.

From a business perspective, everything may appear to be moving in the right direction. But from an immigration standpoint, the investment is not yet qualified.

For an E2 visa to be approved, it is not enough to have money set aside for a business. That money must be irrevocably committed and at risk—two specific requirements that signal the investment is real, active, and commercially engaged.

Irrevocably Committed: A Financial Point of No Return

An investment is irrevocably committed when the funds are no longer under your full control. The money has been spent or legally obligated to the business in a way that cannot easily be reversed.

Examples include:

Paying a security deposit on a commercial lease
Purchasing inventory, equipment, or supplies
Paying contractors or service providers
Transferring funds into a business account that are already being used

Funds that are still in a personal account or held under conditions that allow easy withdrawal do not meet this standard. Even if the intent is genuine, immigration officers will be looking for evidence of commitment, not preparation.

Escrowed funds may only qualify if the conditions for release are minimal and guaranteed. If the money can be returned to you under any circumstance, it is not considered committed.

At Risk: Exposure to Business Outcomes

The phrase at risk refers to the financial exposure of the investment. The funds must be subject to real business risk, where a loss is possible if the business does not succeed.

This includes:

Spending on rent, payroll, marketing, or equipment before revenue exists
Making purchases or signing contracts that cannot be reversed without cost
Taking on operational expenses that depend on future business performance

It does not include:

Funds protected by refundable agreements
Loans secured only by business assets
Passive capital placements that cannot result in loss

Immigration officers are looking for signs that the investor is treating this like a real commercial venture not a theoretical one and not a financial shelter.

Proving It

It is not enough to simply state that your investment is committed and at risk. You need to document it. A strong E2 application will include:

Bank statements showing outgoing transfers from your personal account
Invoices, contracts, and receipts for purchases
Signed leases or service agreements
Evidence that the money is already tied to the business and cannot be recovered.

What Are the Immigration Pathways Available for Entrepreneurs Wanting to Start a Business in the U.S.?

Many entrepreneurs from the United Kingdom see the United States as a strong market for launching or expanding a business. Understanding immigration options is essential whether you’re building something from the ground up or bringing over an existing company.

U.S. law offers several visa categories for business owners. Some are temporary, while others can lead to permanent residence. The best fit depends on your goals, investment, and your business structure.

Here are the main pathways available to UK nationals planning to start or grow a business in the U.S.

1. E2 Treaty Investor Visa

The E2 visa is a popular route for UK entrepreneurs. It allows you to invest in and run a business in the U.S., as long as certain requirements are met.

Treaty Requirement: The United Kingdom is on the list of countries with a qualifying treaty with the United States.
Investment: There’s no fixed minimum, but the amount must be substantial for your type of business. The funds must be actively committed and at risk.
Ownership: You must own at least 50 percent of the U.S. business.
Intent: The E2 is a non-immigrant visa. It does not offer a direct path to permanent residence (green card).

2. L-1 Intracompany Transferee Visa

The L-1 visa is for business owners or employees transferring from an established UK company to a U.S. office.

L-1A: For executives and managers.
L-1B: For workers with specialized knowledge.
You must have worked for the UK company for at least one full year in the last three years.
The U.S. company must have a qualifying relationship with the UK business (such as a subsidiary or affiliate).
This visa may lead to permanent residence through the EB-1C category.

3. EB-5 Immigrant Investor Visa

The EB-5 visa offers a direct route to permanent residence for individuals making a qualifying investment.

Investment: $1,050,000 is the standard amount. If investing in a targeted employment area (TEA), the minimum is $800,000.
Job Creation: Your business must create at least 10 full-time jobs for U.S. workers.
If approved, you and your immediate family can obtain green cards.

4. O-1 Visa for Individuals With Extraordinary Ability

The O-1 visa is for entrepreneurs who can show a record of extraordinary achievement in business or a related field.

You’ll need strong evidence such as press coverage, major awards, published work, or expert endorsements.
A U.S. agent or employer must sponsor your application.
This visa does not lead directly to permanent residence but can be a good short-term solution.

5. EB-2 National Interest Waiver (NIW)

The NIW is an option under the EB-2 green card category. It’s designed for individuals whose work benefits the U.S. on a national level.

Normally, a job offer and labor certification are required for EB-2. With the NIW, those can be waived if your business serves a clear national interest.
Entrepreneurs may qualify by showing their work has a broad impact in areas like the economy, public health, education, or innovation.
There’s no minimum investment, but you’ll need detailed evidence that your business offers measurable benefits.

Summary Table

Visa Type	Leads to Green Card	Suitable for Startups	Ownership Required	Investment Required
E2	No	Yes	Yes (50%+)	Substantial
L-1	Potentially	Yes (if expanding)	No	No
EB-5	Yes	Yes	No	$800K–$1.05M
O-1	No	Possible	No	No
NIW	Yes	Yes (if impact proven)	No	No (but must show benefit)

What Is Considered a Marginal Enterprise for E2 Visa Purposes?

If you’re applying for an E2 visa as a UK business owner, one thing immigration officials will look at is whether your business can do more than just pay your own bills. It needs to show potential to support U.S. jobs or contribute to the local economy in a real way.

If the business is unlikely to grow beyond covering your personal living costs, it may be considered marginal and that could lead to a visa denial.

Definition of a Marginal Enterprise

According to the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS), a marginal enterprise is a business that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family.

How Is This Evaluated?

Officials review both the current financial state of the business and what it is projected to earn over time. They want to see whether it can grow beyond just supporting the investor.

What they look for:

Revenue and net income projections
Job creation
Business plan strength and detail
How the investment compares to industry norms
Whether the business model shows realistic potential for growth

A new business that hasn’t turned a profit yet can still qualify, but it must be clear that it won’t remain marginal.

What Is Not Considered Marginal?

A business is not marginal if it:

Can generate more than minimal living expenses within five years of the E2 visa start date
Will employ U.S. workers (not just the investor)
Has a structure or growth plan that contributes to the local economy

Even early-stage businesses can meet the standard if their projections are well-supported and show practical, job-creating potential.

Common Mistakes

Using vague or overly optimistic business plans
Making low investments for businesses that require more capital
Focusing only on self-employment income
Ignoring job creation in financial planning

What are the key differences between the E2 and EB5 investment mechanisms for entering the U.S.?

If you’re a UK citizen considering investing in the U.S., two of the primary visa pathways that often come up are the E2 Treaty Investor Visa and the EB-5 Immigrant Investor Visa. Both allow foreign nationals to invest in a U.S. business, but they differ significantly in terms of visa type, investment level, business role, and long-term immigration outcomes.

E2 Visa: Temporary and Entrepreneur-Friendly

The E2 visa is available to citizens of countries (like the UK) that maintain a qualifying treaty with the U.S. It allows investors to live and work in the U.S. by establishing or purchasing a business.

Visa Type: Non-immigrant (temporary)
Investment: No fixed minimum; typically $100,000+
Ownership: Investor must own at least 50 percent and actively manage the business
Job Creation: Not specifically required, but the business must not be marginal
Residency Outcome: Does not lead directly to a green card
Duration: Issued for up to 5 years for UK nationals; renewable indefinitely
Family: Spouse may work; children under 21 may attend school (but not work)

EB-5 Visa: High Capital, Green Card Track

The EB-5 visa is intended for foreign nationals who make a significant investment in a U.S. enterprise that creates jobs, and who seek permanent residency.

Visa Type: Immigrant (leads to green card)
Investment:
$800,000 in a Targeted Employment Area (TEA)
$1,050,000 outside of TEAs
Job Creation: Must create 10 full-time jobs for U.S. workers within two years
Business Role: Can be active or passive (passive via Regional Centers)
Residency Outcome: Results in a conditional green card, then permanent after meeting requirements
Processing Time: Typically 2–4 years
Family: Spouse and children receive green cards alongside the investor

Key Differences at a Glance

Factor	E-2 Visa	EB-5 Visa
Visa Type	Nonimmigrant	Immigrant (green card)
Investment Amount	~$100,000+ (substantial, flexible)	$800K (TEA) or $1.05M
Ownership/Control	50 percent+ ownership, active management	Active or passive
Job Creation	Not fixed; business must support growth	10 full-time U.S. jobs
Residency Outcome	Temporary; no direct green card path	Direct path to permanent residency
Processing Time	~2–3 months (via U.S. Embassy London)	2–4 years

For UK investors looking to start or run a business actively and enter the U.S. quickly, the E2 is often the more accessible option. It offers lower capital requirements and greater flexibility but does not provide a path to permanent residency on its own.

If your priority is long-term immigration and permanent residency, and you have the required capital, the EB-5 offers a direct green card route, though it requires more investment, job creation, and patience.

Who Is Eligible for an E2 Visa Based on the Treaty Between Their Country and the U.S.?

Q: Who is eligible to apply for an E2 visa?

Eligibility for an E2 visa depends on citizenship. An applicant must be a national of a country that has a valid E2 treaty with the U.S. The United Kingdom is among the treaty countries, which makes British citizens eligible to apply under this category.

Q: Does residency or dual nationality count?

No. Only citizenship matters. Residency in a treaty country does not make someone eligible, and dual nationals must apply using the passport of the treaty country. For example, someone holding both UK and Indian citizenship must apply under the UK passport, since India does not have a treaty.

Q: What if the investor is a company?

A business may qualify as an E2 enterprise if at least 50 percent of its ownership is held by nationals of a treaty country. Those owners must also meet the individual eligibility criteria if they plan to enter the U.S. under E2 status.

Q: Are employees of a treaty country company also eligible?

Yes, but only under certain conditions. The employee must share the same nationality as the company and be entering the U.S. to perform duties in an executive, supervisory, or essential skills capacity. Standard roles or general labor positions do not qualify.

Q: Are there countries that do not qualify at all?

Yes. Some major countries do not have an E2 treaty with the U.S. These include India, China (PRC), Russia, and Brazil. Citizens of these countries are not eligible for the E2 visa under current treaty agreements.

Q: Where can the treaty country list be verified?

The U.S. Department of State publishes and maintains the official list of E2 treaty countries. It is publicly available and should be reviewed to confirm eligibility, especially in cases involving dual nationality.

How Much Do I Need to Invest for an E2 Visa?

If you’re a UK citizen considering an E2 investor visa, one of the most important questions is: how much do I actually need to invest to be approved? While the U.S. government does not set a fixed minimum, the answer depends on how your investment compares to the total cost of starting or buying the business you’re entering.

Is there a minimum investment amount for the E2 Visa?

No, there is no fixed minimum required by law. Instead, the investment must be substantial in proportion to the total cost of the business. This is known as the proportionality test, and it’s one of the most important approval criteria.

What Is considered a substantial investment?

A substantial investment is one that is sufficient to ensure the success of the business. The smaller the total cost of the business, the larger the percentage of that cost you are expected to invest.

For example:

If your business costs $100,000 to launch, you should be investing close to 100 percent of that amount.
If your business costs $500,000, investing around 75 percent or more is generally viewed as substantial.
If your business costs over $1 million, a lower percentage may still qualify due to the scale of the venture.

How is the investment evaluated during the application?

U.S. consular officers or USCIS officials will evaluate whether your investment is:

Proportional to the total business cost
Sufficient to make the business operational
Already committed (not just sitting in your account)

What Does a Substantial Investment Really Mean for an E2 Visa?

If you’re exploring the E2 visa, you’ve probably come across the phrase substantial investment. It sounds straightforward, but then you realize no one seems to agree on what substantial actually means. Is it 50,000, 100,000, or half a million? The answer: it depends.

There’s no fixed dollar amount that qualifies as a substantial investment. U.S. immigration officers don’t care about hitting a magic number. What they care about is whether your investment makes sense for the kind of business you’re launching or buying, and whether it’s enough to give that business a real shot at success.

Let’s say you’re opening a solo consulting firm. You might only need US$60,000 to cover your first year’s expenses, marketing, and basic operations. That could be perfectly fine. But if you’re buying into a franchise or opening a brick-and-mortar restaurant, you’ll likely need a lot more. Think $150,000, 250,000, maybe more, depending on what it actually costs to get things running.

What matters most is this: your money needs to be actively invested in the business. Just having the funds in your account is not enough. The E2 rules require that your investment be at risk, meaning it’s already been spent or committed, not just promised. That could mean you’ve signed a lease, bought inventory or equipment, paid vendors, or taken other real steps to get the business going. Simply setting up an LLC or building a website isn’t enough.

Another key piece of the puzzle is that your business can’t be what immigration calls marginal. In plain terms, your company needs to do more than just support you and your family. It should be positioned to grow, create jobs, and have a real economic impact. That doesn’t mean it needs to be huge, but it should be real, sustainable, and scalable.

The Stages of the E2 Visa Process (For UK Nationals)

If you’re a UK national planning to expand or start a business in the United States, the E2 visa offers a practical route to live and work there while actively running your company. You might be planning to open a café in Austin, invest in a tech startup in Miami, or launch a boutique in Los Angeles. Whatever your business model, the E2 visa can get you there. But understanding how to go from concept to visa stamp is often where people lose momentum.

The good news for UK applicants applying from the UK is that the process is relatively straightforward. The E2 application is submitted directly to the U.S. Embassy in London or, in some cases, the U.S. Consulate General in Belfast. If your documents are in order, the process can move faster than many other visa categories. However, if you are already in the United States and need to change your immigration status to E2, or later request an extension from within the U.S., that part of the process would go through the USCIS.

There are two main pathways depending on your location at the time of application:

Applying from Within the United States (Change of Status)

If you are already in the U.S. under a valid non-immigrant status, you may apply to change your status to E2 without leaving the country.

1. Document Gathering

Collect key documents, including:

Proof of UK nationality
Evidence of your investment and business ownership
A credible five-year business plan
Proof of legal entry and current visa status
A statement of intent to depart the U.S. at the end of your E2 status

2. Legal Preparation

File Form I-129 with USCIS to request E2 classification.
Submit Form I-539 for each dependent (spouse or children under 21), if applicable.
Your immigration lawyer will typically need one to two weeks to prepare the complete application.
Once submitted, USCIS will issue a receipt notice and begin processing.

3. Change of Status

Standard processing takes approximately 6 to 8 months.
Premium processing is available for an additional fee and delivers a decision within 15 calendar days.
The USCIS may issue a Request for Evidence (RFE), which can extend the processing time.
If approved, you will receive Form I-797, confirming your change of status to E2.

Note: This route grants you E2 status, not a visa. If you leave the U.S., you must apply for an E2 visa at a U.S. consulate abroad in order to return.

Applying from the United Kingdom (Consular Processing)

Most UK nationals apply for the E2 visa directly through the U.S. Embassy in London or the Consulate General in Belfast.

1. Document Gathering

Assemble the following documents:

Completed DS-160 form
DS-156E form (if applying as an investor)
Valid passport
Proof of substantial investment (e.g. wire transfers, invoices)
Evidence of a real and operational U.S. business
A five-year business plan
Proof of strong ties to the UK (e.g. property deeds, family, employment)

2. Consular Processing

Pay the E2 visa application fee.
Create an account on the Visa Appointment Service website.
Schedule your visa interview at one of the following locations:
U.S. Embassy London, 33 Nine Elms Lane, London SW11 7US
U.S. Consulate General Belfast, 223 Stranmillis Road, Belfast BT9 5GR

3. Prepare for the Interview

Bring the following to your appointment:

DS-160 confirmation page
Valid UK passport
U.S. visa-compliant photographs
Visa fee payment receipt
DS-156E form (if required)
All investment and business documentation
Evidence of intent to return to the UK

4. Attend the Interview

The consular officer will evaluate the legitimacy of your investment, the business structure, and your role in it. If approved, your E2 visa will typically be valid for up to five years, allowing for multiple entries.

Processing time from submission to visa issuance is typically 2 to 3 months, depending on case complexity and embassy volume.

What Are the Nationality and Treaty Requirements for an E2 Visa?

Before an E2 visa application can move forward, the applicant’s nationality must be confirmed. Only citizens of countries with a qualifying treaty with the United States are eligible to apply. The United Kingdom is one of those countries.

However, holding a British passport is only the starting point. The E2 rules link nationality to both the individual and the ownership of the business. These requirements apply throughout the process and must be clearly documented.

Nationality Requirement

To qualify for an E2 visa under the UK treaty:

You must be a British Citizen

Only British Citizens are eligible under the E2 treaty between the United Kingdom and the United States. Other forms of British nationality, such as British National (Overseas), British Overseas Citizen, or British Protected Person, do not qualify. UK permanent residents and those with indefinite leave to remain are also not eligible unless they hold full British citizenship.

Dual nationality must be handled carefully

If you are a dual national, your application must be made under your British citizenship. Your UK passport must be used throughout the process: for the DS-160 visa form, the visa interview, and entry to the United States.

Nationality must be consistent across all documentation

Every document submitted must reflect British nationality. This includes your passport, DS-160, DS-156E (if applicable), business ownership records, and any supporting evidence. Inconsistencies in nationality are a common cause of delays and refusals.

Investment Pathways

There are two primary ways to meet the nationality requirement through investment:

1. Investment as an Individual

The applicant must be a British Citizen making the investment in a US business. The investment must be personal and clearly under the applicant’s control. The business does not qualify unless the investor holds the required nationality.

2. Investment through a Business

If the investment is being made by a company, the company must be at least 50 percent owned by British citizens. Ownership is determined by nationality, not place of registration or operation.

If the business is owned through a company, that company must also meet the 50 percent ownership threshold.
Ownership must be supported by documents such as shareholder registers, share certificates, or official declarations.

Treaty Requirement

The E2 visa is based on a treaty of commerce and navigation between the United States and the applicant’s country of nationality.

The United Kingdom has an active E2 treaty with the United States. British Citizens applying under this treaty are eligible, assuming all other requirements are satisfied.
If you hold only the nationality of a country that does not have an E2 treaty with the United States, you cannot qualify for the visa under that nationality.

What Does It Mean to Direct and Develop an E2 Business?

To qualify for an E2 visa, investing in a US business is only part of the requirement. You must also demonstrate that you will direct and develop that business. This is a core condition of eligibility. Applicants who intend to take a passive or background role will not meet the standard.

What does it actually mean to direct and develop a business in this context?

Directing the Business: Taking Responsibility for Decisions

To direct a business means holding a position of authority. You must be the person responsible for setting goals, managing operations, and guiding the overall strategy. This typically applies to someone in a leadership role, such as a founder, managing director, or senior executive.

You are not expected to carry out every task yourself. However, your role must involve genuine control over how the business runs. If someone else is making the key decisions and you are not actively involved, you would not qualify.

Relevant activities include approving budgets, managing staff, entering into contracts, and setting long-term objectives. The key is that your leadership role must be active and clearly supported by evidence.

Developing the Business: Building and Advancing the Operation

Development refers to the growth and progress of the business. This requirement focuses on your ability to move the enterprise forward and turn it into a functioning, sustainable operation.

Setting up a company on paper is not enough. You must show that the business has been activated and is progressing. This can include launching a product or service, signing clients, hiring team members, or expanding into new markets.

Roles That Do Not Qualify

Certain arrangements will not satisfy this requirement. If you invest in a company and leave day-to-day management to someone else, you are unlikely to qualify. The same applies if your involvement is limited to collecting returns on an investment or holding a minority share without decision-making authority.

For example, buying property and assigning a third party to manage it would not meet the requirement. Similarly, being listed as a director without actually participating in management would fall short. Even when the investment amount is sufficient, a lack of meaningful involvement in the business will usually result in a denial.

Can I Get an E2 Visa as an Employee of an E2 Company?

UK nationals may be eligible for an E2 visa as employees of a qualifying E2 business. However, this category has specific requirements, and not every role or company will qualify.

The E2 employee route is intended for individuals who play a meaningful part in the business. Eligibility is based on what you do.

What Makes Someone Eligible?

To begin with, you must be a British citizen. That is because the business is applying under the UK–US treaty, and the employee must share the same nationality as the investor.

Your position within the company also matters. It must fall into one of two categories:

A senior executive or manager with authority over the company or a key department
An individual with highly specialized knowledge that is essential to how the business functions

These roles must be clearly defined and supported with evidence. General experience or a standard position that could easily be filled locally is not enough.

How Long Can You Stay?

E2 employee status is typically granted for two years at a time. It can be extended in two-year increments with no fixed limit, as long as your role and the business continue to meet the requirements.

Can You Work for Another Employer?

No. E2 status is tied to the specific business that sponsored your visa. You are not permitted to take on side work, freelance, or accept employment from any other company. If your role changes significantly or you move to a different employer, a new petition must be filed.

How Does the Applicant's Location Affect E2 Visa Processing Time? (UK Applicants)

For UK nationals applying for an E2 visa, your location at the time of application has a direct impact on how long the process takes and what steps are required. Whether you apply from within the United States or from the UK, the process works differently.

Applying from the UK (Consular Processing)

If you are in the UK, you will apply for your E2 visa through consular processing. This means submitting your application to the U.S. Embassy in London or the U.S. Consulate General in Belfast, followed by an in-person interview.

Processing times can vary. Some applicants may receive appointments and decisions within a few weeks, while others might wait longer depending on embassy workload, staffing, or seasonal demand.

To check current wait times for the London embassy or Belfast consulate, use the official U.S. visa wait time tool.

Applying from Within the United States (Change of Status)

If you are already in the United States, you can apply to change your status to E2 without leaving the country. This process is handled by U.S. Citizenship and Immigration Services (USCIS) and requires filing Form I-129.

Standard processing times range from 4 to 8 months, depending on the USCIS service center handling the case. If faster results are needed, premium processing is available for an additional fee. This guarantees a decision within 15 calendar days. You can find current processing details on the USCIS website.

How Can UK Nationals Apply for an E2 Visa?

There’s no shortage of information out there about the E2 visa. But cutting through it and understanding what actually applies to UK nationals is another matter.

Where you are when you apply changes how the process works. The steps, the documents, the timelines, and even what you walk away with at the end will depend on whether you’re applying from the UK or from inside the United States. This guide lays out both options clearly, so you can decide which path fits your plans.

Option 1: Applying from Inside the U.S. (Change of Status)

If you’re already in the United States on a valid visa, such as a visitor, student, or dependent visa, you may be eligible to switch to E2 status without leaving the country. This is done by filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS).

To qualify, your application must show:

You are a British citizen
You have made a substantial investment in a real and operating U.S. business
You intend to depart the U.S. when your E2 status ends

If you are applying as an employee of a qualifying E2 business, your employer must file the petition.

Once approved, USCIS will issue Form I-797, confirming the change of status. This allows you to remain and work in the United States in E2 status, but it does not provide a visa.

Things to keep in mind:

You will not receive a visa. If you leave the U.S., you must apply for an E2 visa abroad in order to return.
You can request premium processing for faster results. USCIS will issue a decision within 15 calendar days for an additional fee.

Option 2: Applying from the UK (Consular Processing)

If you are in the UK, you will apply for an E2 visa through the U.S. Embassy in London or the Consulate General in Belfast. This is a standard visa application through the Department of State.

The process involves:

Completing Form DS-160, the standard non-immigrant visa application
Completing Form DS-156E, which is required for treaty investors and employees
Scheduling an interview at the embassy or consulate
Preparing supporting documents, including:

A valid UK passport
A detailed business plan
Evidence of your investment
Proof that the business is active and viable
Confirmation that you intend to leave the U.S. after your visa expires

If approved, you will receive an E2 visa in your passport. For British citizens, this can be valid for up to five years. Each time you enter the U.S. on this visa, you are granted a stay of up to two years.

Side-by-Side Comparison

	Change of Status (U.S.)	Consular Processing (UK)
Where it’s processed	USCIS	U.S. Embassy or Consulate in the UK
Visa issued	No	Yes
Travel permitted	Not unless you apply for a visa separately	Yes, multiple entries allowed
Processing time	4 to 6 months, or 15 days with premium	Varies; often several weeks
Interview required	No	Yes