Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
E-2 Visa Guide for UK Nationals (2026)
Updated to reflect 2025 U.S. Department of State guidance that non-immigrant visa applicants should generally apply in their country of nationality or residence, and the 21 May 2026 USCIS PM-602-0199 memo on adjustment-of-status discretion. UK E-2 applicants should plan carefully around London Embassy processing, change of status, and longer-term green card strategy.
Authoritative Legal Review by: Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Law School. SRA ID #384468. Registered Solicitor, Member of the Law Society of England & Wales. Reviewed by: Sukanya Raman, Country Head, Davies & Associates.
Looking for a lawyer in London? See our dedicated E-2 visa lawyer London page for partner-led assistance with London E-Visa Unit filings, interview preparation, and UK investor source-of-funds documentation.
Table of Contents
- ► E-2 Visa for UK Nationals: Executive Summary
- ► Who This E-2 Visa UK Guide Is For
- ► What Types of E-2 Visas Are Available to UK Nationals?
- ► E-2 Treaty Investor Visas
- ► Why Every E-2 Applicant in London Needs to Read the FAM
- ► E-2 Visa UK Requirements: Eligibility and Core Standards
- ► Where UK Applicants Apply
- ► E-2 Visa Application Process for UK Nationals
- ► E-2 Essential Worker Visa for UK Nationals
- ► E-2 Visa UK Investment Requirements
- ► How Long Does an E-2 Visa Application Take?
- ► April 2026 Update: London E-2 Visa Interviews
- ► The U.S. Advantage: Why UK Investors Choose the E-2 Visa
- ► Related Guide: Best US Cities for UK Founders
- ► Frequently Asked Questions — E-2 Visa London
Quick Answer: E-2 Visa for UK Nationals
The E-2 visa allows eligible UK nationals to live and work in the United States by investing in and directing a qualifying U.S. business. UK applicants usually apply through the U.S. Embassy in London and must show treaty nationality, a substantial at-risk investment, a real operating business, control of the enterprise, non-marginality, and evidence of UK residency where required by the London post.
E-2 Visa for UK Nationals: Executive Summary
The E-2 visa is a U.S. investor visa that allows nationals of treaty countries, including the United Kingdom, to invest in and direct a business in the United States. For UK applicants, cases are processed through the U.S. Embassy in London under the rules set out in 9 FAM 402.9.
The key requirements and practical points for UK applicants are summarised below.
- British citizens can qualify for an E-2 visa. According to the U.S. State Department, the UK has the oldest E-2 treaty, signed in 1815.
- The E-2 visa allows UK entrepreneurs to live in the U.S. and actively run a business, with freedom to travel internationally.
- There is no fixed minimum investment. The investment must be substantial, at risk, and committed to a genuine U.S. business. In our experience, London has approved some cases with investments as low as USD 30,000, although outcomes depend heavily on the business type and strength of the application.
- Investment does not have to be cash. UK fashion businesses have frequently been able to capitalise the value of their brand as an investment through a licence agreement.
- UK applicants typically apply through the U.S. Embassy in London.
- London only: UK E-2 applications are handled by the U.S. Embassy in London. The U.S. Consulate General in Belfast does not process E-2 Treaty Investor Visa applications.
- The U.S. business must be at least 50% owned by UK nationals, although ownership can be shared between multiple qualifying investors.
- Many business types can qualify, including new businesses, franchises, and existing companies.
- The E-2 visa can be renewed indefinitely as long as the business remains operational and meets E-2 requirements.
- E-2 visa holders can bring their family, and spouses are eligible to work in the United States.
A detailed guide to E-2 visa costs can be read here.
Which E-2 guide should I read?
This page explains the E-2 visa for UK nationals, including the UK residency rule and U.S. Embassy London processing. For a general explanation of the E-2 visa for all treaty-country nationals, see our main E-2 visa guide. For legal representation in London, see our E-2 visa lawyer London page.
Who This E-2 Visa UK Guide Is For
- UK nationals planning to start a U.S. business.
- British entrepreneurs buying or investing in an existing U.S. company.
- UK founders comparing E-2, L-1A, EB-5, and other U.S. business visa options.
- UK companies sending essential employees to a U.S. subsidiary or affiliate.
- Families planning a move to the United States through a business investment.
What Types of E-2 Visas are Available to UK Nationals?
UK Nationals are eligible for three types of E-2 visas:
- E-2 Treaty Investor Visas for founders and business owners.
- E-2 Essential Worker Visas for the key staff of a qualifying E-2 business.
- E-2 Dependent Visas for spouses and children.
What is the Special Condition on UK E-2 Visa Applicants?
There is a unique residency requirement for U.K. E-2 visa applicants that applies specifically to UK nationals under the treaty rules interpreted in London.
- UK Residency Requirement. UK nationals are generally expected to be resident or domiciled in the British Isles, the Channel Islands, or Gibraltar at the time of E-2 visa application. This requirement derives from the Convention to Regulate Commerce between the Territories of the United States and of His Britannic Majesty, U.S.–Gr. Brit., July 3, 1815 (8 Stat. 228).
- Practical Approach in London. The U.S. Embassy in London generally applies this rule strictly and usually asks for copies of leases, payroll information, council tax, or utility bills.
- Applies to Principal Investors Only. This rule does not apply to E-2 visa dependents.
The following video explains the UK special residency rule.
Video: E-2 visa explained for UK nationals: London Embassy process
Key Takeaways for UK Applicants
- [1:44] The UK Exception: Unlike most other countries, UK nationals must prove ongoing physical residency in the UK to qualify.
- [2:26] Accepted Evidence: Use utility bills, council tax records, payslips, and mortgage/lease agreements.
- [3:05] What NOT to use: UK driver licenses and cell phone bills are not accepted as proof of residency.
View Full Video Transcript (for AI/Accessibility)
[00:00:03] Hi everyone, my name is Verdi Atienza. I head the E-2 visa practice team at Davies & Associates. The E-2 visa is a popular option for entrepreneurs looking to develop a business in the U.S.
[00:01:58] There is one major exception for nationals of the United Kingdom: the treaty requires ongoing physical residency.
[00:02:26] Proof of residency includes local utility bills, council taxes, current lease/mortgage payments, and bank statements showing local transactions.
[00:03:05] Note: Driver licenses, car ownership, and phone bills are not acceptable evidence at the U.S. Embassy in London.
E-2 Treaty Investor Visas: Developing and Directing a U.S. Business
An E-2 Treaty Investor Visa is a non-immigrant visa that allows the holder to come to the United States[1] for the purpose of setting up or acquiring and then "develop and direct" a U.S. business. 8 C.F.R. § 214.2(e)(2); 9 FAM 402.9-6(F).
Can a British Citizen on an E-2 Visa Diversify into Other Businesses?
Yes, if correctly structured.
A British E-2 visa holder is only permitted to work for the E-2 entity for which the visa was approved[3]. However, if that entity is structured correctly and diversifies into multiple businesses, the investor may be eligible to work across those dependent businesses.
Management Companies and Holding Companies: Immigration Law vs. Corporate Law and Tax Planning
Placing several different businesses in one corporate entity can be optimal for immigration planning. However, from a liability protection and taxation planning perspective this can be a disaster. Disagreements between E-2 immigration attorneys and U.S. corporate lawyers are commonplace. Generally E-2 immigration lawyers disfavor the use of holding companies, while corporate and tax lawyers insist on using them.
One solution is to use a holding company that employs staff who provide services to subsidiary businesses, which can work for E-2 visa purposes. In these circumstances, it is critical that corporate and immigration counsel work as a team. Our lawyers sometimes restructure employment so staff move from the subsidiary to the holding company level, allowing the E-2 investor to remain tied to a management company or holding company with multiple subsidiaries. Obtaining an E-2 through a holding company is possible but involves special considerations and planning.
Why Every E-2 Visa Applicant in London Needs to Read the FAM
The Foreign Affairs Manual ("FAM") guides consular officers during the E-2 visa decision-making process. Reading the FAM is worthwhile for every E-2 visa applicant in London. See 9 FAM 402.9.
In addition to the guidance in the FAM, the U.S. Embassy in Nine Elms in London follows its own E-visa procedures and practical review style. While general E-2 procedures are posted on the U.S. Embassy's website, that guide is not complete. In London, working with a London-based E-2 lawyer with substantial experience presenting E-2 cases at the U.S. Embassy in London is highly beneficial.
E-2 Visa UK Requirements: Eligibility and Core Standards
To qualify for an E-2 Treaty Investor Visa, applicants must meet all the regulatory and evidentiary requirements set out in 8 C.F.R. § 214.2(e) and 9 FAM 402.9. These standards set the core criteria for investors from treaty countries like the United Kingdom: the nature of the investment, the ownership structure, and whether the business is a genuine, operating enterprise.
| Key Eligibility Criteria | Description | References |
|---|---|---|
| 1. Treaty Nationality | The applicant must be a national of a country that maintains a qualifying treaty of commerce and navigation with the United States. | 8 C.F.R. § 214.2(e)(3)(i); 9 FAM 402.9-4(A); USCIS Policy Manual Vol. 2 Pt. E Ch. 2 §A |
| 2. Substantial Investment | The investor must have made, or be actively making, a substantial investment in a bona fide U.S. enterprise. The investment must be significant in relation to the total cost of purchasing or establishing the business and sufficient to ensure its successful operation. | 8 C.F.R. § 214.2(e)(14); 9 FAM 402.9-6(D); USCIS Policy Manual Vol. 2 Pt. E Ch. 4 §B |
| 3. At-Risk Capital | The investment funds must be at risk and subject to potential loss if the business fails. Loans secured by business assets generally do not qualify, as they do not expose the investor to true financial risk. | 8 C.F.R. § 214.2(e)(12); 9 FAM 402.9-6(C); USCIS Policy Manual Vol. 2 Pt. E Ch. 4 §C |
| 4. Real and Active Enterprise | The enterprise must be a real, operating commercial undertaking that produces goods or services for profit. Speculative or idle investments such as undeveloped land or stock portfolios are not eligible. | 8 C.F.R. § 214.2(e)(13); 9 FAM 402.9-6(A); USCIS Policy Manual Vol. 2 Pt. E Ch. 3 §A |
| 5. More Than a Marginal Enterprise | The business must not be marginal — meaning it must have the present or future capacity to generate more than a minimal living for the investor and their family within five years. | 8 C.F.R. § 214.2(e)(15); 9 FAM 402.9-6(E); USCIS Policy Manual Vol. 2 Pt. E Ch. 3 §B |
| 6. Control and Development Intent | The applicant must be entering the United States solely to develop and direct the enterprise, typically by owning at least 50 percent of the business or through a managerial or executive position with operational control. | 8 C.F.R. § 214.2(e)(16); 9 FAM 402.9-6(F); USCIS Policy Manual Vol. 2 Pt. E Ch. 3 §C |
For a detailed breakdown of these principles for UK investors, see our E-2 Core Standards page for UK applicants. It explains how consular officers and USCIS read "substantial investment," "marginality," and "control" under the USCIS Policy Manual, Volume 2, Part E.
Recent London E-2 approvals
Examples of E-2 Visa Approvals in 2026 at the U.S. Embassy in London
Our recent E-2 approvals in London cover a wide range of UK businesses — from fashion and food to recruitment, automotive, and biotech. Successful E-2 cases aren't tied to any one industry or business model.
Between January 2026 and April 2026, examples of successful E-2 matters in London included:
- April 22, 2026: HeadLight Glasses — a zero-employee case at filing, with qualifying investment based on inventory and Facebook ads. It shows that a carefully prepared low-investment, low-headcount case can still meet London E-2 standards.
- A men's footwear designer from Harrogate with an investment of USD 78,000.
- A recruitment business from Scunthorpe expanding into Rome, Georgia.
- A hat designer from Derby securing a third E-2 essential worker visa by using brand value through a licence agreement.
- A biotechnology company from London with qualifying investment that included patents.
- Three separate matters for car dealers, each establishing a U.S. business presence.
- A fish and chip business expanding from Brighton into Pensacola, Florida.
- Three separate E-2 matters for young, award-winning fashion designers from the London area.
Across these sectors the pattern is the same: the E-2 works for UK entrepreneurs when the business is properly set up and the investment is real, committed, and well documented.
⚖ Expert Tip: For more on choosing the right legal partner for your E-2 application, see:
Can I Study or Take a Degree While on an E-2 Treaty Investor Visa?
An E-2 visa holder is not able to engage in formal studies that are unrelated to the applicant's E-2 work or work for unrelated entities. However, where a degree or course of study is relevant to the petitioner's E-2 visa work, part-time study may be possible.
Where UK Applicants Apply
U.S. Embassy London — Primary Processing Post
All E-2 Treaty Investor Visa applications for UK nationals are processed exclusively by the U.S. Embassy in London. The London Embassy has a dedicated E-Visa Unit that reviews applications for investors, employees, and dependents under both the E-1 (Trader) and E-2 (Investor) categories.
Applicants must first complete Form DS-160 and submit a complete E-2 visa package directly to the Embassy for pre-screening before an interview can be scheduled. Processing times may vary depending on case volume and the completeness of documentation.
Official Source: U.S. Embassy London – E-2 Treaty Investor Visa Information
U.S. Consulate Belfast — Not Authorized for E-2 Visas
The U.S. Consulate General in Belfast does not process E-2 Treaty Investor Visa applications. Applicants residing in Northern Ireland must also apply through the U.S. Embassy in London, regardless of their regional location or nationality.
Official Source: U.S. Consulate Belfast – Official Page
E-2 Visa for Scotland and Edinburgh Applicants
Applicants based in Scotland — including Edinburgh and Glasgow — also apply for the E-2 visa through the U.S. Embassy in London; there is no separate E-2 processing post in Scotland. For Scottish clients, Davies & Associates has an Edinburgh office, so the case can be prepared locally before the London E-Visa Unit filing.
Key Authority
Benefits
- Up to five years of status, renewable while the business continues to qualify. (Source: USCIS)
- Spouse may apply for work authorisation in the U.S. (via USCIS). (Source: USCIS)
- Children under 21 may accompany you but cannot work. (Source: USCIS)
Useful Links
- 9 FAM 402.9 — Treaty Trader, Investor and Essential Employee guidance (official Foreign Affairs Manual).
- USCIS E-2 Treaty Investors info — 8 CFR regulatory basis.
- U.S. Embassy London E-2 Visa info — official consular E-2 overview.
E-2 Visa Application Process for UK Nationals
- Choose or form the U.S. business. The business must be real, active, and commercial.
- Commit the investment. Funds must be placed at risk and tied to the business.
- Prepare the business plan and supporting evidence. This includes source of funds, ownership, control, and marginality evidence.
- Complete Form DS-160. The principal applicant completes the online non-immigrant visa application.
- Submit the E-2 package to the London E-Visa Unit. UK cases are reviewed by the U.S. Embassy in London.
- Attend the London interview. Applicants should be ready to explain the business, investment, source of funds, and U.S. operating plan.
- Enter the United States and operate the business. E-2 holders must develop and direct the approved enterprise.
E-2 Essential Worker Visa for UK Nationals
An E-2 Essential Worker visa allows a UK national to work in the United States for a business owned and controlled by UK nationals, where the worker's skills or role are essential to the company's U.S. operations. This visa is commonly used by London and UK companies expanding into the U.S. to bring in trusted specialist staff with unique or critical expertise.
E-2 Visa UK Cost and Investment: How Much Do You Need to Invest?
There is no fixed minimum investment for an E-2 visa. Instead, the investment must be substantial relative to the cost of the business and sufficient to support a real, operating enterprise. For UK applicants, the amount needed varies significantly depending on whether the business is a lower cost service model or a more capital intensive operation.
Applicants should also understand the wider E-2 visa costs and fees alongside the business investment itself.
There is no official minimum investment amount. In practice, many applicants invest around $100,000 or more to present a stronger case. (9 FAM 402.9)
See 8 CFR 214.2(e) substantial investment rule.
What counts as a substantial investment for an E-2 visa?
A substantial investment depends on the nature and cost of the business. Lower cost businesses may qualify if most or all of the required funds are already committed, while larger or more operationally intensive businesses may require greater capital. The key question is whether the investment makes the enterprise credible, real, and capable of operating.
Consular Processing vs. Change of Status to E-2 Status
Instead of applying for an E-2 visa through the U.S. Embassy in London, some applicants already in the United States may be able to request E-2 status from USCIS without obtaining a visa stamp. More details on Change of Status vs. Consular Processing.
Note: longer-term green card strategy is also affected by the 21 May 2026 USCIS PM-602-0199 memo, which reframes adjustment of status as discretionary and points many applicants toward consular processing abroad. The E-2 is a non-immigrant visa, so any green card route should be planned separately and early.
How Long Does an E-2 Visa Application Take?
Assuming you have identified the business you wish to use for your E-2 visa application, there remain several phases to an E-2 investor visa application:
- Incorporating your business and obtaining necessary corporate documentation (1–8 weeks).
- Preparing a business plan (2–4 weeks).
- Filing your E-2 treaty investor visa case.
- Attending the consular interview. (Current consular waiting times.)
How the E-2 Visa London Process Works for UK Applicants
Applications are prepared and submitted to the E-Visa Unit in London. Once accepted for review, cases are processed in queue order. Applicants should prepare for the interview and for any potential follow-up document requests.
London E-2 Visa Interviews in 2026: What to Expect
Interviews are now more demanding
E-2 visa interviews at the U.S. Embassy in London are no longer as quick or predictable as they once were. According to a March 2025 AILA practice alert, applicants should now expect longer interviews and closer scrutiny.
What has changed
AILA reported that E visa interviews in London are now handled by a rotating group of consular officers rather than a dedicated E visa team. That means adjudications may be less consistent than in the past.
Practitioners have also reported interviews lasting up to 30 minutes, with much more detailed questioning for both business owners and employees.
What E-2 visa officers may ask
Applicants should be ready to answer detailed questions about the business and the investment. These may include revenue in the UK and the U.S., the business plan, startup costs, and the value of the investment.
For employee cases, officers may also ask why the company needs the applicant in the United States, whether the U.S. business is profitable, and whether the applicant understands that the E-2 visa is not a direct path to a green card.
Why this matters
AILA also noted reports of unexpected refusals under INA 214(b). For that reason, applicants should not treat the London E-2 interview as a routine final step.
Summary
A well-prepared application and careful interview preparation are now more important than ever.
Download the March 2025 AILA Practice Alert
Read AILA's update on longer E-2 interviews and increased scrutiny at the U.S. Embassy in London.
Download the PDF
What is the most Important part of an E-2 Visa Application?
The business plan is probably the most important part of the E-2 visa application.
Much of the secret of E-2 success lies in convincing the consular officer that the applicant has a real business which is either currently operating or capable of immediately entering operation.
Can I bring my Family to the U.S. if I am on an E-2 Visa?
You are able to bring your spouse and children under the age of 21[4] to the United States as E-2 derivative visa holders.
Source: USCIS E-2 Treaty Investors
E-2 spouses are employment authorized incident to status and may work for any employer. USCIS policy on E and L spouse employment.
See USCIS Policy Manual on E and L spouse employment authorization.
What is the Maximum Validity of an E-2 Visa for a UK National?
Maximum Possible Visa Term
Total Maximum E-2 Validity for UK Nationals is Unrestricted
There is no restriction on the total number of years for which a U.K. national can hold an E-2 visa. (9 FAM 402.9)
UK Nationals Usually Receive Five Year Multiple Re-Entry E-2 Visas
E-2 visas are typically issued to U.K. Nationals in increments of up to a maximum of five years.
Note that this is a maximum, and while rare, E-2 investor visas can be issued for a shorter validity period.[6]
Our Practical Experience with E-2 Validity Periods
In our own UK E-2 practice, nearly all approved UK investor cases have received an initial five-year E-2 visa term, although validity is discretionary and case-specific. Shorter validity periods are possible — for example, one of our cases for a very small business, filed at a U.S. consulate in Australia, was issued for an initial term of two (2) years.
E-2 Status or E-2 Visa Validity Period
Each time a UK national enters the U.S. on an E-2 visa they are usually admitted in E-2 status for up to two years. When the status expires the visa holder must either: (1) extend their status from within the U.S.; or (2) depart and re-enter using a valid E-2 visa.
Contact Davies & Associates — London Office
You can contact our London office using the following details:
- Address: 69 Old Broad Street, Dashwood House, London EC2M 1QS
- Telephone: +44 (0)20 3884 1812
- Email: [email protected]
- Consultation: Request a free E-2 assessment through our London team.
Our office is centrally located in London's City business district, serving clients throughout London, Scotland (including our Edinburgh office), and Central and Southern England, with direct liaison to our U.S. offices in New York, Miami, Los Angeles, and Houston.
Basic Corporate Set-Up and Choice of Business Entity
Opening a business in any U.S. State will require you to have a business address in that State. This business address needs to be a physical address. For E-2 visa purposes we recommend businesses either own or lease appropriate business premises.
What type of Business for E-2?
Many business types are used in E-2 visa cases. The right entity depends on the specifics of the business, but a limited liability company (LLC) is very common. You should also have a properly written employment agreement and basic corporate documentation.
While not required for U.S. E-2 visa purposes, as a U.S. business owner you are also going to want to consider having a registered agent for your business.
Registering your Business
Having established a U.S. business, you will need to open a bank account and obtain a tax registration with the U.S. Internal Revenue Service.
D&A's immigration lawyers are also supported by our firm's corporate and tax lawyers who are able to assist clients with important business set-up and documentation issues.
More information on Setting-Up your Business
Follow this link to our page on business set-up services.
Can I apply for an E-2 Visa from Within the United States?
It is NOT possible to obtain ANY visa from within the United States.[10]
Investigating your U.S. Business on a B1/B2 Visa
Travelling to the United States to investigate business options is common. This raises the possibility of transitioning to "E-2 Status" from within the United States.[11]
Changing of Status to E-2 from Within the U.S.
It is possible to "change status" from another visa status to E-2 "status" from within the United States. For example, an applicant who enters the United States on a B-1 visa to investigate setting up a business might later be able to "change status" to E-2 status and lawfully operate a business that has been formed.
A change of status is filed with USCIS on Form I-129. Where available, premium processing can be requested to obtain a faster decision on the I-129, though it does not itself grant an E-2 visa for travel.
The U.S. Advantage: Why UK Investors Choose the E-2 Visa
The E-2 visa is widely used by UK entrepreneurs starting or expanding businesses in the United States, particularly in consulting, franchise, retail, service-based, and specialist growth sectors. For British founders, the E-2 visa remains one of the most practical U.S. business immigration routes because it combines operational flexibility, renewable validity, and the ability to build a genuine U.S. commercial presence.
E-2 Visa UK: Key Facts
- Visa type: U.S. non-immigrant treaty investor visa.
- Eligible UK applicants: British citizens who meet E-2 treaty nationality and the UK residency expectation.
- Where to apply: U.S. Embassy in London, E-Visa Unit.
- Core requirements: treaty nationality, substantial at-risk investment, real operating business, control, non-marginality, and intent to depart.
- Family: spouses and children under 21 may qualify as dependents; spouses are generally work-authorized incident to status.
- Validity: UK nationals are commonly issued E-2 visas for up to five years, with repeated renewals possible while the business continues to qualify.
Frequently Asked Questions (FAQ) — E-2 Visa London
What is an E-2 visa?
An E-2 visa (also written as E-2 visa) is a U.S. non-immigrant investor visa that allows nationals of treaty countries — including the United Kingdom — to enter, live and work in the U.S. by investing in and actively managing a qualifying business.
Who qualifies for an E-2 visa?
To qualify, the applicant must be a national of an E-2 treaty country, make a substantial at-risk investment in a real operating U.S. business, and direct and develop that business. For UK cases, applicants should also be prepared to document their eligibility under the treaty rules applied in London.
Can UK nationals apply for the E-2 visa in London?
Yes. All E-2 Treaty Investor visa applications for UK nationals are processed through the U.S. Embassy in London. The U.S. Embassy in London has a dedicated E-Visa Unit that handles investor, employee, and dependent applications.
Do I need to live in the UK to apply in London?
Yes — UK nationals must provide evidence of ongoing UK residency when applying at the U.S. Embassy in London. This is a unique requirement of the UK–U.S. treaty. Acceptable documents include things like UK utility bills, council tax, and lease/mortgage records.
How much investment is needed for an E-2 visa?
There is no fixed minimum investment amount. Your investment must be "substantial" relative to the business you are starting or buying. While consular officers often look for around USD 100,000 as a guideline, lower amounts may be acceptable depending on the type and scale of business.
What happens at the London E-2 visa interview?
After submitting Form DS-160 and your supporting documents to the U.S. Embassy in London, you will be scheduled for a consular interview. The officer will ask about your business, investment, and plans in the United States.
Can family members accompany an E-2 visa holder?
Yes. Your spouse and children under 21 can accompany you as E-2 derivative visa holders. Your spouse may apply for work authorisation in the U.S., and children can attend school.
How long does an E-2 visa last?
E-2 visas for UK nationals are typically issued for up to five years at a time and can be renewed indefinitely as long as the business continues to qualify.
Can I change status to E-2 from inside the U.S.?
Yes — if you are already in the United States under a different visa status, it is possible to apply for a Change of Status to E-2 with USCIS without attending a London consular interview.
What types of E-2 visas are available?
E-2 Treaty Investor Visa — for active owners who invest and direct the business.
E-2 Essential Worker Visa — for key employees of an E-2 business.
Derivative E-2 visas — for spouses and children.
Is an E-2 visa a path to a Green Card?
No — the E-2 is a non-immigrant visa, meaning you must maintain intent to return to the UK when your status ends. However, some E-2 holders pursue other immigrant options (like EB-5) later.
References
- 8 CFR § 214.2 — Special requirements for admission, extension, and maintenance of status (E-2 Treaty Investor Visas).
- 9 FAM 402.9-4(A),(B); U.S. Travel Docs UK.
- 8 CFR § 214.2 — Special requirements for admission, extension, and maintenance of status (work restriction).
- 9 FAM 402.9-9 — Dependents of E-2 Principal Aliens (spouse and children).
- USCIS Policy Manual, Volume 2, Part L — Employment Authorization for Dependents (derivative E-2).
- 9 FAM 403.9-3 — E Visas (multiple entry).
- 9 FAM 402.9-10 — Treaty Requirements (visa terms).
- 9 FAM 402.9-10 — Requirements of the Treaty (UK residency restriction).
- 9 FAM 402.9-4(B)(a)(2); USCIS PM Vol. 2 Pt. L Ch. 2(A)(1).
- 8 CFR § 214.1 — Requirements for admission, extension, and maintenance of status (visa from within U.S.).
- 8 CFR § 248.1 — Eligibility for change of nonimmigrant status.
- U.S. Travel Docs — Visa Waiver Program (ESTA).
- 8 CFR § 103.7; 9 FAM 403.10-3; U.S. Travel Docs UK 'Visa Application Fee'.
- 9 FAM 402.9-10 — Requirements of the Treaty (losing E-2 status upon departure).
- 9 FAM 402.9 — treaty trader and treaty investor guidance.
- U.S. Embassy London E visa application process.
- U.S. Embassy London interview documents for employees of E-1 and E-2 businesses.
- U.S. visa reciprocity schedule — United Kingdom E-2 visas.
- Department of State visa fee schedule.
- Premium processing fees increased March 1, 2026.
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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E-2 Visa ClientMy case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI ClientD&A was my guiding light through the entire EB-5 process.
EB-5 Visa ClientI would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E-2 visa. The most important thing is a good team behind you. With Davies & Associates, you're in safe hands... you need someone who can support you on the ground and, again, you are well taken care of by D&A. The people are really warm, very helpful and quite open-minded when it comes to business... Not to mention as a passport it's great from a travel perspective... It's just 4 to 5 hours from New York.
Grenada CBI + E2 Visa ClientThe entire process of getting an EB-5 visa is handled in a professional way by Mark Davies and his team. EB-5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H-1B route for my children, but it became unreliable and so I looked to the EB-5 visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.
Parent of 2 EB-5 visa holdersI'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L-1B Visa HolderMark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International OfficesDavies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
Complex Fiancée Visa Need Involving Multiple International JurisdictionsSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN VisaI was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
Doctor Seeking J1 Visa WaiverI am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.
U Visa Applicant, A Victim of CrimeLooking to relocate or having trouble with a visa application?
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for business, investors, individuals and families.
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