What Are the E-2 Visa Requirements for UK Citizens?
UK citizens must meet nine E-2 visa requirements under 22 CFR 41.51(b) and 9 FAM 402.9:
- You hold British nationality, shown by a UK passport.
- You are an "inhabitant" of the UK under the treaty.
- British nationals own at least 50% of the U.S. company.
- The amount is substantial in proportion to the business's total cost.
- The funds are committed and at risk.
- Real enterprise. The business is active and commercial, not a passive holding.
- Non-marginal. The business can earn more than a minimal living for your family.
- You come to develop and direct the enterprise.
- You intend to leave when your E-2 status ends.
The rules set no education requirement and no age minimum, and there is no English language test.
How Much of the U.S. Company Must British Nationals Own?
British nationals must own at least 50% of the U.S. company (9 FAM 402.9-6(F)). You must also control it, through 50% ownership, an equal partnership or operational control.
A company's nationality follows its owners, not where it is incorporated (9 FAM 402.9-4(B)), so a UK parent owned by British nationals qualifies.
Do You Have to Live in the UK to Get an E-2 Visa?
Usually, yes. The UK treaty covers "inhabitants" of British territory in Europe, defined by the State Department as "one who resides actually and permanently in a given place, and has his domicile there."
Many British citizens who have lived in Dubai or Spain for years find this unsettling, because the passport alone does not decide it. Officers look at where you keep your home and do your work, and where your children go to school. Helpful evidence includes:
- Your UK deed or tenancy agreement shows a home, and council tax bills tie you to that address.
- UK payslips and HM Revenue & Customs (HMRC) records show UK work and tax.
- If your children attend school in the UK, enrollment letters confirm it.
- UK bank statements show everyday spending.
Living outside the UK? Pollak PLLC can review your residence position before you invest.
Can a British Citizen Living Abroad Apply for an E-2?
Possibly. Years abroad can end your status as a UK inhabitant, although a temporary posting abroad may not if you keep your UK home. Officers decide case by case, so document any time abroad.
Can a British Expat Apply at a U.S. Consulate Outside the UK?
Only where you are a national or a resident. That is the rule in State Department guidance last updated July 15, 2026. A British expat in Toronto would need genuine Canadian residence to apply there, and the UK inhabitant rule would still apply.
Which British Nationals Qualify for the E-2 Visa?
The UK treaty requires UK nationality, so the E-2 visa for British citizens does not extend to other Commonwealth nationals.
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Passport or nationality
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Position under the UK E-2 treaty
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British citizen
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Qualifies, subject to the residence rule
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British Overseas Territories citizen, British National (Overseas), British subject or British protected person
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Not addressed in 9 FAM 402.9; ask an attorney
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Commonwealth citizen living in the UK
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Not under the UK treaty; may use their own country's treaty
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Irish citizen
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Not under the UK treaty; may use Ireland's E-2 treaty
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Can a Dual British-Irish Citizen Choose Which Treaty to Use?
Yes, under 9 FAM 402.9-4(B)(d), a dual national owner must choose which nationality the E-2 case will use. Ireland's E-2 treaty has been in force since November 18, 1992.
A business can have only one qualifying nationality.
How Much Do UK Citizens Need to Invest for an E-2 Visa?
There is no legal minimum for the E-2 investor visa. Under 9 FAM 402.9-6(D), "No set dollar figure constitutes a minimum amount of investment."
Officers apply an inverted sliding scale under 22 CFR 41.51(b)(9): the cheaper the business, the higher the share you must invest. In practice, many approved cases start around $100,000.
Price your budget in U.S. dollars and record each conversion from pounds sterling (GBP).
Can a British Investor Buy a Franchise or an Existing U.S. Business?
Yes, buying a franchise or an existing business can qualify if your funds are committed and at risk. The State Department says uncommitted or revocable funds in a bank account are generally not an investment.
Many buyers use escrow that releases the money only if the visa is issued, and the business must still show it can be more than marginal within five years.
How Much Does an E-2 Visa Cost for UK Citizens?
U.S. government fees for an E-2 visa for UK citizens are $315 per applicant, and the UK reciprocity fee is zero.
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Government fee
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Amount
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Who pays
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Nonimmigrant visa application (MRV) fee, E category
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$315
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Each applicant, including dependents
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UK E-2 reciprocity (issuance) fee
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None
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Not charged
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U.S. Citizenship and Immigration Services (USCIS) premium processing for Form I-129 (change of status only)
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$2,965
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Optional, for filings inside the U.S.
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A family of four pays $1,260 in State Department visa fees. Legal fees and company setup costs are extra, and so is the business plan. Premium processing rose to the current amount on March 1, 2026, and fee schedules change, so verify every amount before you file.
How Long Is the E-2 Visa Valid for UK Citizens?
A U.S. E-2 visa for UK citizens is issued for up to 60 months, with multiple entries, and renewals have no fixed limit while the business qualifies.
How Does the 5-Year Visa Compare With the 2-Year Stay?
The visa is your travel document, while your Form I-94 record sets how long you may stay.
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Feature
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E-2 visa
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Form I-94
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Issued by
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U.S. Embassy London
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U.S. Customs and Border Protection (CBP) at entry
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Length
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Up to 60 months
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Up to 2 years per entry
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Controls
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Travel to a U.S. port of entry
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How long you may stay
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How Do British E-2 Holders Renew?
British E-2 holders renew the visa through the London E-Visa Unit. To extend a stay instead, they file Form I-129 with USCIS. The E-2 visa renewal process asks you to show the business is still operating and British-owned.
How Do UK Citizens Apply for an E-2 Visa at the U.S. Embassy London?
UK citizens file their E-2 visa application through the London E-Visa Unit, and the process runs in eight steps:
- Form the U.S. company and commit the investment.
- Prepare the business plan and evidence, which the E-Visa Unit reviews before inviting you to interview.
- Complete a Form DS-160 for each applicant, including family members.
- Open a Visa Appointment Service account and pay the MRV fee for each applicant.
- After payment, upload the supporting documents as instructed.
- Wait for the review. The Unit handles cases on a first-in, first-out basis and may ask for more documents.
- Attend your interview at the U.S. Embassy London, 33 Nine Elms Lane, SW11 7US.
- If approved, the visa goes into your passport.
How Long Does the London E-2 Process Take?
The E-2 visa processing time in London starts with a published initial review of over 90 working days, given as guidance only, and the Embassy says expediting is not possible. Once invited, attend the interview within 90 days or you may need to register again.
What Happens at the London E-2 Interview?
A consular officer asks about your investment and your role in the business, and may also ask about your UK residence.
Sign and submit the DS-160 at least two business days ahead, and bring its printed confirmation page. Know the numbers in your business plan.
What Documents Do British E-2 Investors Need?
The E-2 visa for UK investors calls for three groups of documents: personal, business and source of funds.
- You need your British passport, proof of UK residence, the DS-160 confirmation page and a CV. Executives, managers and essential employees of an E-2 company also complete Form DS-156E.
- Include formation documents, ownership records, the lease, licenses and a five-year business plan. If a UK company invests, add its Companies House records.
- Source of funds. Provide UK bank statements, HMRC SA302 tax calculations or tax year overviews, property sale completion statements, share sale or dividend records, and records of each GBP-to-USD transfer.
Officers compare these records against the business plan, so the figures should match across documents. Pollak PLLC maps the source-of-funds trail before the documents are assembled, so each pound can be traced to the U.S. account.
E-1 vs. E-2 vs. Other U.S. Visas for UK Business Owners
Business owners weighing an E-2 visa for UK citizens can compare five main routes:
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Feature
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E-1
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E-2
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L-1
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EB-5
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O-1
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Basis
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Trade, mainly U.S.-UK
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Investment
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Company transfer
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Large investment
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Extraordinary ability
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Investment
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None
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Substantial
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None
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Statutory minimum
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None
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UK company needed
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Yes
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No
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Yes
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No
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No
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Validity
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60-month visa
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60-month visa
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L-1A up to 7 years
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Permanent
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Set by USCIS
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Green card
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Not directly
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Not directly
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Via EB-1C
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Yes
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Not directly
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When Is the E-1 Treaty Trader Visa Better for a UK Company?
The E-1 visa suits a UK company already trading substantially, principally between the U.S. and the UK, and it needs no investment. An E-1 treaty trader visa lawyer can test whether that trade is strong enough.
When Is the L-1 Better for a UK Business Opening a U.S. Office?
The L-1 suits a UK business sending a manager or executive who worked for it abroad for one year in the last three years to a U.S. parent, branch, affiliate or subsidiary.
The L-1 visa for intracompany transferees does not depend on British nationality, and L-1A managers may later qualify for an EB-1C green card.
Can British E-2 Investors Bring Family and Employees?
Yes, your spouse and unmarried children under 21 can join you, and a British-owned company can bring qualifying E-2 employees.
Since November 12, 2021, USCIS has treated E-2 spouses as employment authorized incident to status. CBP and USCIS began adding E-2S notations to Form I-94 records on January 30, 2022, which gives spouses a simple way to show E-2 spouse work authorization to employers.
Children may attend school but are not authorized to work, and they lose derivative status at 21, so plan ahead if a child is close to that age.
E-2 employees must share the employer's British nationality and work in an executive, supervisory or essential role (9 FAM 402.9-7).
Can UK Citizens Switch to E-2 Status Inside the U.S.?
Not after a Visa Waiver Program (VWP) entry. VWP visitors cannot change status in the United States. British travelers who entered with an Electronic System for Travel Authorization (ESTA) approval must therefore apply for the E-2 visa (USA) from the UK, through London.
The bar comes from 8 CFR 248.2(a)(6), and State Department guidance confirms it. Learning this midway through a U.S. trip is frustrating, so plan the London route before you travel and keep your UK plans flexible until the visa is issued.
People already in another valid nonimmigrant status, such as H-1B or L-1, may file Form I-129 with USCIS. Approval gives E-2 status, not a visa. You would still need a visa from London before you travel abroad and return.
What Happens After Approval: Tax, Banking and the Move
After approval, plan for tax and U.S. banking before the move itself. E-2 holders who live in the United States may become U.S. tax residents, and the answer depends on your own facts.
The U.S.-UK income tax treaty (2001) may affect how your income is taxed. Speak with a cross-border tax adviser before you move, ideally before you sell UK assets to fund the investment. This page does not give tax advice.
Open a U.S. business bank account for the company before you transfer the investment funds.
Can a UK E-2 Visa Lead to a Green Card?
Not directly. The E-2 visa for UK citizens is a nonimmigrant visa, so moving from an E-2 visa to green card status takes a separate route:
- EB-5 immigrant investor. The standard investment is $1,050,000.
- EB-5 in a targeted employment area (TEA) or infrastructure project. The minimum is $800,000, and both EB-5 amounts rise automatically on January 1, 2027.
- EB-1C multinational manager. This route fits managers of a UK parent company with a qualifying U.S. affiliate.
- Other routes. The EB-2 National Interest Waiver (NIW) and family or employer sponsorship are also possible.
Verify the current EB-5 amounts before investing.