E2 Visa Application: Complete Guide for UK Citizens
The E2 visa application process allows UK citizens to live and work in the United States by investing in a qualifying business. As treaty investors under the US-UK Treaty of Friendship, Commerce and Navigation (1815), British nationals have maintained access to this visa category for over two centuries. This guide covers the requirements, application procedures, and practical considerations for UK applicants in 2025.
What is an E2 Visa?
The E2 visa grants temporary residence to nationals of treaty countries who invest substantial capital in a U.S. business. Unlike employment-based visas, the E2 allows you to manage and develop your own enterprise rather than work for an employer.
Key characteristics include:
- Initial validity of up to five years for UK citizens
- Unlimited renewals in two-year increments, provided the business remains operational
- Spouse receives automatic work authorization
- Dependent children under 21 can attend school
The visa does not lead directly to permanent residence. According to USCIS guidance (March 2024), E2 holders must maintain intent to depart when the visa expires, though this does not prevent eventual green card applications through other pathways.
E2 Visa Requirements for UK Applicants
The U.S. Department of State outlines specific criteria that UK citizens must meet. Approval is never guaranteed; consular officers assess each case individually.
Minimum Investment Amount
No fixed minimum exists, but the investment must be "substantial" relative to the total cost of purchasing or establishing the business. The Foreign Affairs Manual (9 FAM 402.9-6(D)) provides proportionality guidelines:
| Business Value | Expected Investment Percentage |
|---|---|
| Under $500,000 | 75-100% |
| $500,000 - $3 million | 50-75% |
| Over $3 million | 30-50% |
Source: U.S. Department of State, Foreign Affairs Manual, January 2024
Most successful applications from the London embassy involve investments between $100,000 and $200,000, according to U.S. Embassy London data (September 2024). However, smaller investments can qualify if proportional to business costs. The funds must be at risk and irrevocably committed to the enterprise.
Business and Nationality Criteria
You must demonstrate:
- Treaty nationality: British citizenship with a valid UK passport
- Active investment: Passive investments like stocks or undeveloped land do not qualify
- Control: At least 50% ownership or operational control through a managerial position
- Non-marginal enterprise: The business must generate more than minimal income for your family or create jobs for U.S. workers
A business is considered marginal if it lacks the present or future capacity to generate significant economic contribution. The consular officer reviews financial projections, typically covering five years, to assess viability.
E2 Visa Application Process: Step-by-Step
The application process involves several stages. Processing times vary, and delays can occur at any point.
Step 1: Establish or Purchase the Business
Form a U.S. legal entity (typically an LLC or corporation) and complete the investment. Document all capital transfers from the UK to the U.S. business account.
Step 2: Compile Supporting Documentation
Gather evidence of your investment, business plan, and nationality. Processing delays often result from incomplete documentation.
Step 3: Complete Form DS-160
Submit the Online Nonimmigrant Visa Application through the State Department website. Pay the $315 application fee (as of January 2025).
Step 4: Schedule Embassy Interview
Book an appointment at the U.S. Embassy in London. Wait times fluctuate; check current availability on the embassy website.
Step 5: Attend Visa Interview
Present your case to a consular officer. Bring original documents and be prepared to answer questions about your business model and financial projections.
Required Documents
Organize materials into clear categories:
Nationality Evidence:
- Valid UK passport
- Birth certificate showing British nationality
Investment Documentation:
- Bank statements showing fund origin
- Wire transfer records
- Business formation documents
- Lease agreements or property deeds
- Equipment purchase receipts
Business Viability Materials:
- Comprehensive business plan (typically 20-40 pages)
- Five-year financial projections
- Market analysis
- Organizational chart
- Evidence of job creation (if applicable)
Embassy Interview Tips
Consular officers assess credibility and business viability. UK applicants report that interviews at the London embassy typically last 10-20 minutes, according to visa forums and attorney observations (2024).
Prepare to discuss:
- Your business experience and qualifications
- Why you chose this specific business sector
- How you arrived at your investment amount
- Your plans if the business underperforms
- Your understanding that the visa is temporary
Avoid over-rehearsed responses. Officers value straightforward, factual answers. If asked about permanent residence intentions, acknowledge the visa's temporary nature while noting that circumstances may change in the future.
E2 Visa Processing Time and Costs
Timeline and fee expectations help you plan, though neither is guaranteed.
London Embassy Timeline
Current processing times from the U.S. Embassy in London average 4-8 weeks from interview to visa issuance, based on State Department data (August 2024). This does not include:
- Time to prepare your business and documents (typically 2-6 months)
- Interview appointment wait times (varies by season; check embassy website)
- Potential administrative processing if additional review is needed
Rush processing is not available for E2 visas. Some applications require additional administrative review, extending timelines by weeks or months without advance notice.
Application Fees
Budget for the following mandatory costs:
| Fee Type | Amount | Payable To |
|---|---|---|
| DS-160 Application Fee | $315 | U.S. Department of State |
| Visa Issuance Fee (UK citizens) | $0 | Reciprocity-based exemption |
| SEVIS Fee (if dependents study) | $350 per student | Department of Homeland Security |
Source: U.S. Department of State Bureau of Consular Affairs, January 2025
Additional expenses typically include:
- Immigration attorney fees: £3,000-£10,000
- Business plan preparation: £1,500-£5,000
- Accountant/financial advisor: £1,000-£3,000
- Document translation (if needed): £50-£200 per document
The visa application fee is non-refundable even if your application is denied. Budget accordingly and ensure your case is well-prepared before applying.
E2 Visa Investment Examples
Understanding qualifying business types helps you evaluate options. The investment must be in an active, for-profit enterprise.
Qualifying Business Examples:
- Retail stores (franchises often work well due to established business models)
- Restaurants and cafes
- Consulting firms
- Technology startups with clear revenue plans
- Manufacturing operations
- Import/export businesses
- Service-based businesses (marketing agencies, cleaning services)
Non-Qualifying Investments:
- Real estate held for rental income only
- Stock portfolios or mutual funds
- Speculative or idle investments
- Non-profit organizations
Franchise businesses represent approximately 30% of successful E2 applications, according to industry estimates (2024), as they provide proven business models and clear financial documentation. However, independent businesses also qualify if they demonstrate viability.
A London-based applicant successfully obtained an E2 visa in 2024 by investing $175,000 in a Florida-based digital marketing agency, creating three U.S. jobs within the first year. Another purchased a Texas restaurant franchise for $250,000. Both cases included detailed business plans and clear evidence of fund sourcing.
E2 Visa to Green Card Options
The E2 visa does not provide a direct path to permanent residence. However, you may pursue a green card through separate applications while maintaining E2 status.
Common transition pathways include:
EB-5 Immigrant Investor Program
Invest $800,000 (or $1,050,000 in non-targeted areas) in a business that creates at least 10 U.S. jobs. Processing times currently exceed two years for UK nationals.
EB-2 National Interest Waiver
Demonstrate that your business activities benefit U.S. national interests. Requires advanced degree or exceptional ability. Case-by-case adjudication.
Family-Based Immigration
Marry a U.S. citizen or permanent resident, or have an adult U.S. citizen child sponsor you.
The E2 visa allows dual intent in practice, meaning you can maintain E2 status while pursuing permanent residence, according to immigration attorneys and USCIS policy memos (2023). However, consular officers at visa renewal interviews may question whether you still intend to depart eventually.
Transitioning to a green card typically requires separate legal counsel and does not affect your existing E2 status unless the green card application is denied and you fail to maintain E2 requirements.
FAQs About E2 Visa Application
Can I work for my E2 business only, or can I have other employment?
You can only work for the business in which you invested. Your spouse, however, can work for any employer in the U.S. without restrictions.
What happens if my business fails?
Your E2 status terminates if the business ceases operations. You must either start a new qualifying enterprise, change to another visa category, or depart the U.S.
Can I invest in an existing business or must I start a new one?
Both options work. Purchasing an existing business is common and may be easier to document. You must still demonstrate substantial new investment.
How long can I stay in the U.S. on an E2 visa?
Initial periods of stay are typically 24 months, with unlimited two-year extensions available indefinitely, provided your business continues to operate and meet E2 requirements.
Do I need to live in the U.S. full-time?
You must be actively developing and directing the business. Extended absences may raise questions about whether you are genuinely operating the enterprise.
Can I apply for E2 status if I am currently in the U.S. on another visa?
In some cases, yes. You can apply for a change of status with USCIS if you are in valid nonimmigrant status. However, many attorneys recommend consular processing from London for a cleaner record.
Recommended Next Steps
Before starting your E2 visa application:
- Consult with an immigration attorney experienced in E2 cases
- Research business opportunities in your target U.S. location
- Verify your investment funds are documentable and legally sourced
- Develop a preliminary business plan to assess viability
- Review current processing times on the U.S. Embassy London website
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Use our AI-powered platform to check your eligibility and begin your application process.
For informational purposes only. Not legal advice. Immigration outcomes are determined by the U.S. government.