The complete guide to the US E-2 investor visa
Who qualifies, how much you really need to invest, and the five mistakes that cause most refusals.
Who qualifies for the E-2
The E-2 treaty investor visa lets nationals of treaty countries enter the United States to develop and direct a business they have a substantial investment in. The United Kingdom has held an E-2 treaty with the US since 1815, so British passport holders qualify. Citizens of treaty countries who hold a US green card do not, because the visa requires non-immigrant intent.
You need to own at least 50 percent of the US enterprise, or exercise operational control through a senior managerial role. Passive investments such as buy-to-let property do not qualify. The funds must be at risk, which in practice means committed, traceable, and recoverable only through the success of the business.
How much you actually need to invest
There is no official minimum. In practice, applications below £80,000 face heavy scrutiny. We recommend a working figure of £100,000 to £150,000 for service businesses, and £200,000 or more for capital-heavy sectors like restaurants, manufacturing or franchises. The amount must be substantial in proportion to the cost of an established business in that sector. A £30,000 stake in a £1 million enterprise will fail the proportionality test on its own.
Five mistakes that cause most refusals
The first is treating the E-2 like an immigrant visa. It is not. You must show you will leave when your status ends, even though you can renew indefinitely. The second is unclear source of funds. Every pound has to be traced. Inheritance, property sales and gifts each need their own paper trail. The third is creating no US jobs. A business plan that hires Americans in the first year carries real weight. The fourth is a half-built business at the time of interview, with no premises, no staff and no operating accounts. The fifth is poor articulation at the consular interview itself. We rehearse this with you twice before you fly.
What happens after approval
E-2 status is granted in five-year increments and can be renewed for as long as the business operates. Spouses can apply for open-market work authorisation. Children can attend US schools. There is no direct path from E-2 to a green card, so if permanent residence is your eventual goal, plan that route separately from day one.