Applying for a US E2 Visa from the UK
The E2 visa offers non-US nationals a route to start up, or invest in, a US-based enterprise.
If you’re looking to make an application from the UK, you would need to file your petition at the US Embassy in London, or the US Consulate in Belfast.
In this guide, we look at what’s involved in making an E2 visa application from the UK.
What is an E2 visa USA from UK and what does this allow?
The E2 visa is a nonimmigrant visa for overseas nationals from countries with which the USA maintains a treaty of commerce and navigation, including the UK. It allows the holder to come to the United States to establish or otherwise invest their money in a US-based business.
If your application for an E2 visa is approved, this will allow you to come to the United States to oversee the running of either a US start-up or newly-acquired enterprise, where you can invest in an existing bona fide business or a brand new business of your own. There are also no restrictions on the type or size of business that you can invest in.
Your E2 visa will initially allow you to develop and direct your business for a period of up to 5 years. However, provided your new venture is a success and you continue to meet the requirements for E2 status in the USA, you can renew your visa any number of times.
Under the E2 classification, an employee of a treaty investor with the same nationality as the E2 employer may also apply for an E2 nonimmigrant visa. This means that existing British employees working for you in the UK may apply to accompany or join you in the USA, provided they will be principally engaging in duties of an executive or supervisory character or, if employed in a lesser capacity, they possess special qualifications that are essential to the successful or efficient operation of your US-based business.
The E2 visa also allows qualifying dependents to accompany the primary visa holder to the US.
Requirements to apply for an E2 visa from the UK
Aside from being a British national and having residency in the UK when you apply, you must be coming to the USA to develop and direct the operations of an enterprise in which you have invested or are actively in the process of investing a substantial amount of capital.
You must also be coming to the USA to solely develop and direct the day-to-day operations of your business — of which you can show at least 50% ownership or possession of operational control — where that business must be more than marginal, so one not solely for the purpose of earning a living for you and your family. This is because this visa, with all the benefits it brings, including being able to renew your visa an unlimited number of times (for as long as your business remains active and you remain actively involved), is only aimed at overseas investors who are able to create employment opportunities for others.
There are no fixed capital thresholds when applying for an E2 visa although, to satisfy the substantial capital requirement, your investment in your new venture must be sufficient to ensure both the successful operation and development of your business, to be measured in a proportional sense to the type of business. Any capital already invested or in the process of being invested must also be placed at risk and irrevocably committed to that business.
How to apply for an E2 visa from the UK
To apply for an E2 visa as a prospective treaty investor from the UK, you will need to submit an application via the DOS at the US Embassy in London or the US Consulate in Belfast. When applying, you will first need to register your business with the E-Visa Unit using Form DS-160 (Online Nonimmigrant Visa Application). You will also need to pay the applicable fee and submit a number of documents in support of your E2 visa application.
Once your application has been reviewed by the E-Visa Unit, you will be asked to schedule an interview at the US Embassy or Consulate, where you will be required to attend with a number of administrative and biographical documents. You may also be asked to provide a number of additional substantive documents to help satisfy the E2 requirements. At this interview, you can expect to answer various questions about your E2 visa application, as well as your personal circumstances, to the satisfaction of the consular officer.
The process of applying for an E2 visa from the UK can be complex, not least in being able to demonstrate a viable business capable of generating sufficient revenue and job creation to qualify for E2 status. It is therefore strongly advised to seek expert advice and assistance from an immigration specialist to help you satisfy the evidential requirements and navigate any potential pitfalls, in this way maximising the prospects of a successful outcome.
Your legal adviser can also help you to gather the necessary documentation in support of your application, and to get you ready for interview, including preparing the paperwork that you must attend with and pre-empting the questions that you may be asked.
E2 visa supporting documents
You will need to submit a number of detailed documents in support of your application for an E2 visa to be able satisfy the E-Visa Unit that you are able to meet all the necessary requirements, including possessing a treaty nationality, making a substantial capital investment, and having proof of things like ownership, operational control and marginality.
A list of the documents required to meet E2 classification can be found on the website for US Embassy and Consulates in the UK by searching “Treaty Investor (E-2)”. In particular, you will need to provide a detailed cover letter, describing both yourself, as the E2 treaty investor, and the US enterprise. This letter should address all requirements for E2 visa eligibility, supported by a number of documents in relation to each requirement, including:
- Your nationality: E2 visas are designed only for nationals of countries with which the US maintains a qualifying treaty or international agreement, where documentation to show that you have the required British nationality can include your passport and birth certificate. As a British national, you must also be able to show that you are UK-resident.
- The original source of funds: you must be able to show that the money used to invest in a US business originated from a lawful source. This could be evidenced through tax returns, property sale records, savings accounts showing the deposit and accumulation of funds over time, together with bank statements showing the transfer of funds being invested.
- The business is genuine and your funds are at risk: the business must be a real commercial entity and your investment must be committed to this. For a US start-up, this can be evidenced by corporate registration documentation while, for an existing enterprise, you could use a business purchase agreement. You should also produce any lease agreement, licences, invoices, utility bills, bank statements and marketing materials.
- The ownership or operational control of the business: you must be able to show at least 50% ownership or possession of operational control, such as through a managerial position or other corporate device. You can prove ownership, for example, via articles of incorporation, share certificates and share ledgers, as well as any operating agreement.
- Your business is not marginal: a marginal business is one that is solely for earning a living, where you will need documents to show that your enterprise will be both profitable and capable of job creation. This should include a business plan with job creation projections and, for any business with existing domestic workers, you should produce W-2s, 1099s and payroll statements. The business plan, along with the cover letter, will tie everything together to help demonstrate that E2 status is viable.
- You are in a position to develop and direct the business: E2 status is only for those who will be actively involved in the management and day-to-day operations of their US enterprise, where your involvement in the business must be more than a passive investment. You must also be able to show that you are capable of overseeing the running of the business, setting out a detailed summary of your professional experience and accomplishments via your business plan, together with your CV or resume.
- You intend to return to your home country: to be granted a visa in E2 nonimmigrant classification, you must intend to depart the USA after expiration of your E2 status, even if you may become eligible to renew your status (if your business remains active and you remain actively involved in running it). You will therefore need to provide a signed statement of nonimmigrant intent to be supplemented, where at all possible, with evidence of your ties to the UK, such as bank statements or property records.
This list is not exhaustive, where expert E2 visa advice should always be sought. You must also attend your E2 visa interview with a number of additional documents although, for principal investors, these will be mainly biographical and administrative, such as copies of current and expired passports, as well as your application confirmation sheet and a copy of the fee payment receipt. A list of the documents required for interview can again be found on the website for US Embassy and Consulates in the UK under “Treaty Investor (E-2)”.
E2 visa interview questions
You may be asked a wide range of questions during your E2 visa interview, where the purpose of this interview is to verify the information contained in your E2 visa application and to ensure that you meet all of the different requirements for E2 classification.
An E2 visa interview will typically be conducted by a single consular officer, who may ask you questions about all aspects of your application and your personal circumstances.
You will usually be informed at the conclusion of your interview if your application for an E2 visa has been approved or denied, or if further administrative processing is needed. In some cases, additional documentation may be necessary. In other instances, where any history of criminality or past immigration violations are preventing a decision being made by the consular officer on the day, you may need to apply for a waiver of ineligibility.
How long does it take to apply for an E2 visa USA from UK?
The review process undertaken by the E-Visa Unit can take up to 60 days, where additional documentation may be requested at any time throughout this process. Once this review has been completed, you will be contacted to arrange an interview date at your local Embassy or Consulate, which you will be required to attend within 90 days of being notified.
If your E2 visa is approved on the day of your interview, this will need to be processed by the US Embassy or Consulate and placed in your passport, where your passport containing your visa will be posted back to you via courier service within a few short days.
Having been approved for an E2 visa, you may then seek admission at a United States port of entry as an E2 nonimmigrant. However, the grant of an E2 visa does not guarantee permission to enter the USA, where you will still need to satisfy US Customs and Border Protection (CBP) officials that you are coming to the USA to oversee the running of a US-based business. This means that you should have in your possession sufficient documentation to be able to satisfy CBP officials that your stated intentions are genuine.
How much does it cost to apply for an E2 visa USA from UK?
The cost to apply for an E2 visa from the UK is $315. This is known as the MRV fee, where MRV fees are non-refundable, regardless of whether an E2 visa is approved or denied.
Need assistance?
NNU Immigration are specialists in US visa applications for investors.
Based in London, we have extensive experience of filing E2 applications at the US Embassy in the UK.
US investor visas are particularly demanding in their eligibility criteria and the documents required to support applications. With exceptional knowledge and insight into the E2 visa application processes, we help non-US entrepreneurs and investors, their dependents and their employees with all aspects of the E2 application process.
For advice about your E-2 visa application, contact us.
E2 visa FAQs
How long does it take to get E2 visa in UK?
The review process undertaken by the E-Visa Unit for an E2 visa in the UK can take up to 60 days. On completion of this review, you will be instructed to attend a US Embassy interview within a 90-day period.
How much money is required for E2 visa in USA?
There are no fixed capital thresholds when applying for an E2 visa although, to satisfy the substantial capital requirement, your investment in your new US venture must be sufficient to ensure both the successful operation and development of your business.
How much is the E2 visa fee in the UK?
The cost to apply for an E2 treaty investor visa from the UK is $315. This is known as the MRV fee, where MRV fees are both non-refundable and non-transferable, regardless of whether an E2 visa is approved or denied.
Who qualifies for E2 visa?
To qualify for an E2 visa, you must be a national of a treaty country coming to the USA to oversee the running of a bonafide business or start-up in which you have invested a substantial amount of capital.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law (AILA) and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with both US and UK operations to meet their workforce needs through corporate immigration.
Nita successfully acts for corporations and professionals, entrepreneurs, artists, actors, and athletes from across the globe, providing expert guidance on all aspects of US visa and nationality applications, and talent mobility to the USA.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
