Are you a UK national considering setting up a business in the United States? Then the E-2 Investor Visa could be a perfect choice for you! The E-2 Visa provides a fantastic opportunity for individuals with entrepreneurial spirits to bring their business visions to life in the United States. This article explores the E-2 visa options available to UK nationals and how it could be your gateway to building a successful enterprise in the US.

What is the E-2 Investor Visa?

The E-2 Investor Visa is a non-immigrant visa that permits nationals from treaty countries, like the United Kingdom, to enter and work in the United States based on a substantial investment they will be controlling while in the US. The E-2 visa is renewable indefinitely as long as the investor continues to operate and direct the business.

Understanding the Requirements

While the E-2 visa offers substantial benefits, it’s essential to understand its requirements. To qualify, a UK national must:

Make a substantial investment: The investment must be significant enough to ensure the investor’s financial commitment to the success of the enterprise. While there’s no minimum amount established, the investment should be sufficient to start and operate the business.

Direct the enterprise: The investor must be able to provide the direction and control over the enterprise. This typically means owning at least 50% of the enterprise and holding the top managerial position.

Ensure the enterprise is not marginal: The E-2 enterprise must have the capacity to generate more than a minimal living for the investor and their family. One way to prove this is by demonstrating the business’s capacity for future growth and job creation.

Meaningful Job Creation

While job creation is not a prerequisite for E-2 visa approval, creating meaningful jobs for US workers can significantly enhance an E-2 visa application. This not only validates your enterprise’s substantial economic contribution but also demonstrates the positive impact of your business. Remember, creating full-time jobs that offer livable wages and potential for growth generally carries more weight than part-time or low-wage positions.

The E-2 Visa Application Process for UK Nationals

Once you have identified a suitable business opportunity and made a substantial investment, you can initiate the E-2 visa application process. As a UK national, you can either apply directly at the US Embassy in London or, if you are already in the US under a valid status, apply for a change of status with the US Citizenship and Immigration Services (USCIS).

Your application will need to include evidence of your nationality, your substantial investment, the scope and activities of the business, and a detailed five-year business plan. Given the complexity and subjectivity of the process, seeking guidance from an experienced immigration attorney is highly advisable.

The E-2 Investor Visa offers a unique opportunity for UK nationals to invest and operate their business in the United States. By understanding the requirements and the importance of substantial economic contributions and job creation, you can take the first steps toward your American dream.

Please note: This article is for informational purposes only and should not be considered legal advice. Always consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.