The UK and the U.S. share one of the world’s strongest economic partnerships, with total trade in goods and services between both countries exceeding $400 billion in 2024. It’s no surprise that many UK nationals looking to scale internationally are setting their sights on the American market.
One of the most effective immigration pathways for entering the U.S. market is the E-2 Investor visa. This article explores how British citizens can use an E-2 visa to start or buy a business in the U.S., outlining who is eligible and what the process involves.
What is the E2 Investor Visa?
The E-2 Investor visa, also known as the E-2 Treaty Investor visa, is a U.S. non-immigrant visa designed for entrepreneurs and investors from countries that maintain a Treaty of Commerce and Navigation with the United States.
This visa allows holders to enter and work in the U.S. based on a substantial investment in a bona fide American business. This could involve starting a new enterprise or purchasing an existing one, provided the business is real, operational, and capable of generating more than just minimal income for the investor and their family.
Who Can Apply?
The UK is one of the over 80 treaty countries with the U.S., making British citizens eligible to apply for the E-2 Investor visa. British applicants must also meet the following requirements:
- Must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise.
- At least 50% of the business or entity must be owned by them
- The U.S. entity must be a real and operating, commercial enterprise.
- The business investment must be substantial and sufficient to ensure the successful operation of the enterprise.
- The enterprise must generate enough income to have a significant economic impact in the United States.
- Must intend to leave the U.S. when their E-2 status expires.
How to Apply for the E-2 Investor Visa
To apply for the E-2 Investor visa, you must complete Form DS-160, Online Nonimmigrant Visa Application, upload your photograph, and pay the visa application fee. Afterwards, schedule and attend an interview with the U.S. embassy or consulate.
During the interview you may be asked questions about your application to determine if you meet the criteria for the visa. Your biometric information may also be collected.
Documents Required for the E-2 Investor Visa Interview
Here are the documents you should bring with you to your interview:
- A passport with at least six months beyond your period of stay in the United States
- Passport photograph, if you were unable to upload it during your online application
- Nonimmigrant Visa Application, Form DS-160 confirmation page
- Application fee payment receipt, if you are required to pay before your interview
- Business-related documents, such as a business plan and proof or source of investment.
What Happens After the Interview
After submitting an application and attending the visa interview, your application will be reviewed by the consular officers. Processing times can range from two weeks to four months. Once your visa is approved, you will also receive instructions on how your passport will be returned to you.
Cost of the E-2 Investor Visa
The cost of the E-2 visa is $315 which you must pay during the online application.
It’s also important to consider the cost of investing in a new business when applying for the E-2 visa. While there is no fixed minimum income, your investment should be substantial, that is, proportional to the cost of owning at least 50% of the business.
Validity of the E-2 Investor Visa
The E-2 Traety Investor visa is valid for an initial period of 2 years. Upon expiration, you can apply for an extension or a change of status. E-2 visa extensions are typically granted for an additional 2 years and there is no limit to the number of extensions an individual can seek.
It is also possible to receive an automatic visa extension if you travel outside the U.S. and upon returning a border officer deems you admissible to the country.
Benefits of the E-2 Visa for British Expats
The E-2 Investor Visa offers a range of advantages for British nationals aiming to build a business in the United States.
Firstly, it grants the primary investor the right to live and work legally in the U.S., directly managing their enterprise. There is no set minimum investment amount, giving entrepreneurs the flexibility to tailor their business model and investment to their capacity and goals.
One of the most attractive features is the ability of the investor to bring their spouse and dependent children (under 21) with them. Spouses can apply for work authorisation, and children can attend school or university in the U.S.
Additonally, the visa is renewable indefinitely as long as the business remains active and meets E-2 requirements.
Limitations and Considerations
While the E-2 Visa offers valuable opportunities, there are essential limitations to keep in mind. It is a non-immigrant visa that does not provide a direct path to U.S. permanent residency.
The visa’s validity is directly tied to the success and continued operation of the invested business; if the enterprise fails or ceases to meet requirements, the visa is at risk. E-2 visa holders are also restricted to working solely for the E-2 designated business and cannot seek outside employment.
Furthermore, applicants must maintain strong ties to the UK, as the E-2 visa assumes the intention to eventually return to the home country.
Conclusion
The E-2 Investor Visa presents an opportunity for UK entrepreneurs to break into the U.S. market by launching or investing in a viable business. Its flexibility, family-friendly benefits, and renewable nature make it an attractive immigration route.
To make the most of your application, it’s essential to craft a well-structured business plan that meets visa requirements and prepare your supporting document ahead of the interview. You should also seek professional legal guidance from an immigration lawyer to increase your chances of a successful application.
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