E2 Visa Guide for British Citizens

By Sanwar Ali:

An E2 visa is worth considering for British entrepreneurs who wish to emigrate to the US on the basis of business investment. This comprehensive guide explores the crucial aspects of the E2 visa application process, offering invaluable insights to help British nationals navigate this complex procedure.

What is an E2 Visa?

The E2 Treaty Investor Visa, is a non-immigrant visa that allows investors, and employees from treaty countries to live and work in the U.S. for the purpose of developing their business. The U.S. maintains commerce treaties with several nations, including the United Kingdom, enabling their citizens to apply for an E2 visa.

E2 Visa: An Opportunity for British Entrepreneurs

British nationals are on the E2 Treaty country list and can apply for the E2 visa scheme due to the treaty of commerce and navigation between the U.K. and the U.S. The visa allows British entrepreneurs to leverage the vast American market to grow their business, create employment opportunities, and contribute to the U.S. economy.

The E2 Visa Investment Requirement

One of the core requirements of the E2 visa is making a substantial investment in a bona fide U.S. business. A bona fide business refers to an active commercial or entrepreneurial undertaking that produces services or goods for profit. The investment can be directed towards creating a new business or acquiring an existing one. There is no minimum amount stipulated for the investment. However, it should be substantial enough to ensure the successful operation of the enterprise and should usually create employment.

The Concept of "At-Risk" Investment

The "at-risk" requirement in the E2 visa guidelines stipulates that the investment funds should be subject to potential economic loss if the enterprise fails. Essentially, the funds should be genuinely committed to the enterprise and not merely earmarked for potential use. If you wish to buy an existing business it may be possible to put the money into escrow to be transferred if the E2 visa is approved.

E2 Visa for British Nationals: The Residency Requirement

A unique aspect of the E2 visa application for British nationals is the residency requirement. As per the U.K.-U.S. treaty, applicants must be a resident of the U.K. at the time of application. However, this requirement can be interpreted flexibly for U.K. citizens living abroad, provided they can demonstrate sufficient ties to the U.K. These ties can take various forms, such as maintaining a U.K. bank account or owning property in the U.K.

E2 Visa and U.S. Permanent Residence?

While the E2 visa is a non-immigrant visa, an E2 visa holder may be able to gain a "Green Card" if they meet the requirements for an immigrant visa category.

E2 Visa Processing Time

The processing time for an E2 visa application can vary, typically ranging from a few weeks to months. Applicants who apply from within the US can opt for premium processing, which guarantees a response within 15 calendar days, for an additional fee.

E2 Visa Validity and Renewal

An E2 visa can be valid for up to five years and can be renewed indefinitely as long as the business continues in the US. The initial E2 visa for British citizens is usually for three years. It can be issued for up to 5 years.

E2 Visa for Key Employees

The E2 visa is not just for business owners. Key employees who occupy supervisory or executive positions or possess specialized skills essential to the operation of the business may also be eligible for an E2 visa without needing to make an investment.

Bringing Dependents on an E2 Visa

E2 visa holders can bring their immediate family members, including spouses and unmarried children under the age of 21, to the U.S. These dependents do not need to be citizens of the treaty country.

Conclusion

The E2 visa offers a promising opportunity for British entrepreneurs looking to expand their horizons and tap into the large American market. With proper planning, guidance, and execution, the E2 visa can be a stepping stone to business success in the U.S.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)