The E-2 treaty investor visa can be a flexible option for British entrepreneurs, which could allow you to live and work in the U.S. for years.

For British citizens with an entrepreneurial spirit, the E-2 visa offers an exciting opportunity to live and work in the U.S. while starting or growing a business. Whether you’re dreaming of launching a tech startup, opening a restaurant, or acquiring an existing business, the E-2 visa could be the gateway to making that dream a reality.

What is the E-2 Visa?

The E-2 visa allows nationals of certain countries, including the UK, to enter the U.S. to direct and develop a business in which they have invested, or are actively in the process of investing, a substantial amount of capital. This visa is particularly attractive because it can apply to almost any legitimate business—large or small, service or product-based, new ventures or established enterprises. The flexibility of the E-2 visa makes it an excellent option for entrepreneurs from diverse backgrounds and industries.

Key Requirements for the E-2 Visa

If you’re a British citizen considering the E-2 visa, here are some of the key requirements you need to meet:

• Substantial Investment: There is no specific minimum investment amount required for the E-2 visa. Instead, the investment must be substantial in relation to the total cost of either purchasing an existing business or starting a new one. This means your investment should be sufficient to ensure the successful operation of the business. For smaller businesses, this might mean covering nearly 100% of the startup costs, while larger businesses may require a smaller percentage.
• Ownership and Control: As the investor, you must have at least a 50% ownership stake in the business, or you must possess operational control through a managerial position or other corporate structure.
• At-Risk Investment: The investment must be “at risk,” meaning that it is subject to loss if the business does not succeed. The funds must be irrevocably committed to the business, which can often be managed through escrow arrangements. This ensures that your investment is genuine and that you are committed to the business’s success.
• Real and Operating Enterprise: The business must be a bona fide, active commercial or entrepreneurial enterprise. This means it should produce goods or services, and speculative or idle investments do not qualify. The flexibility of the E-2 visa means it can apply to virtually any legitimate business, making it ideal for entrepreneurs in various sectors.
• Intent to Depart: The E-2 visa does not allow for dual intent, meaning you must maintain an intention to leave the U.S. when your visa expires. However, as long as your business continues to operate successfully and you maintain your investment, the visa can be renewed indefinitely.

The E-2 visa stands out as a particularly entrepreneur-friendly option because of its flexibility. Unlike some other visa categories that are tied to specific types of businesses or investment amounts, the E-2 visa can be used to start or purchase virtually any kind of business. Whether you want to launch a small boutique, run a manufacturing company, or dive into the tech industry, the E-2 visa can accommodate your ambitions.

This flexibility also extends to the scale of your business. The E-2 visa doesn’t require you to start a large corporation; even small businesses can qualify, provided the investment is substantial enough relative to the business’s needs. This makes the E-2 visa accessible to a wide range of entrepreneurs, from first-time business owners to seasoned investors.

The Application Process

You can apply for the E-2 visa from the UK, where you’ll ultimately need to interview at the U.S. Embassy in London. The application process involves submitting a detailed application packet, including evidence of your investment, proof of ownership, a comprehensive business plan, and documentation showing the lawful source of your funds. As of November 2024, processing times are typically around 3-4 months, though this can vary.

If you are already in the U.S. on another visa, you may apply to change your status to E-2. However, this route comes with certain risks, particularly if you need to travel outside the U.S. and then re-enter, as consulates abroad might not approve the visa even if your status change was approved domestically.

E-2 Visa Timeline & Costs

On top of your actual investment, there are other fees and costs to factor in, including:

1. Legal fees (variable, but expect to pay £5-10K for a reputable lawyer)
2. Consular fees ($315 per applicant, if applying from outside the U.S.) or USCIS fees (considerably more, when pursuing a change of status inside the U.S.)

The timeline will depend initially on where you’re at with your business, but it may only take a 4-6 months to get you to the U.S. on an E-2 visa. Talk to a lawyer for a more precise timeline that is tailored to your specific case.

Frequently Asked Questions (FAQ)

1. What is the minimum investment required for the E-2 visa?
There is no fixed minimum, but the investment must be substantial relative to the cost of purchasing or starting the business. While some businesses might require an investment of $100K (~£75K-80K) or more, others might qualify with less, depending on their nature and needs. It partly depends what it costs to actually set up the business, which can vary wildly!

2. Can I invest in any type of business with an E-2 visa?
Yes, the E-2 visa is very flexible and can be used to invest in nearly any legitimate business, whether it’s a retail store, restaurant, tech startup, or manufacturing company. The key requirement is that the business is real, active, and capable of generating income.

3. How long can I stay in the U.S. on an E-2 visa?
The duration of stay varies, but initial visas are often granted for up to five years. The visa can be renewed indefinitely as long as you continue to meet the requirements, including maintaining your investment and the business’s operations.

4. Can my spouse and children accompany me to the U.S.?
Yes, your spouse and children under 21 can join you in the U.S. as E-2 dependents. Spouses can apply for work authorization, and children can attend school in the U.S.

5. What happens if my business fails?
If your business fails, your E-2 visa may be revoked. It’s important to have a contingency plan and to work closely with an immigration lawyer to explore other visa options or pathways if your business struggles.

6. Can I apply for a green card while on an E-2 visa?
While the E-2 visa does not support dual intent, some investors transition to a green card through other means, such as the EB-5 Immigrant Investor Program. This requires careful planning and consultation with an immigration lawyer.

7. Can I work for another company while on an E-2 visa?
No, the E-2 visa only permits you to work for the enterprise in which you have invested. However, you can own and manage multiple businesses as long as they are all part of your E-2 investment.

The E-2 visa offers British citizens a versatile and accessible way to bring their business ambitions to the U.S. Its flexibility in terms of business type and investment scale makes it an excellent choice for a wide range of entrepreneurs. With careful planning and the right legal guidance, the E-2 visa could be your ticket to success in the U.S. business landscape. If you’re considering this pathway, consulting with an experienced immigration lawyer is crucial to navigating the complexities and maximizing your chances of success.