Why So Many UK Citizens Choose the E-2 Visa—and Why Many Still Get It Wrong
The E-2 Investor Visa has long been a popular route for British citizens aspiring to live and do business in the United States. Its flexibility, renewable nature, and the pathway it creates for long-term settlement make it an attractive option for entrepreneurs and investors alike.
What many don’t realize, however, is just how deep the UK’s relationship with the E-2 treaty runs. The United Kingdom officially entered the treaty as far back as July 1815, meaning British nationals have had more than two centuries of access to this visa. Over this time, the E-2 program has evolved in interpretation, regulation, and expectation—lessons I’ve learned firsthand.
As both a dual-qualified U.S. and UK Solicitor Attorney specializing in immigration and business law, I’ve worked with numerous British applicants seeking the E-2 visa. Time and again, I’ve seen the same patterns of mistakes—costly missteps that often result in denial, delays, and financial loss.
There’s no right of appeal if the visa is refused at the U.S. embassy or consulate. Given that most E-2 investments range from $60,000 to $200,000, the stakes are high and the consequences of error can be devastating.
From my experience, I’ve identified four distinct groups of UK applicants who are more prone to visa issues. Understanding these groups can help you avoid becoming part of the 70% who face denials or complications.
Group 1: The Budget-Constrained DIY Investor
This group consists of passionate individuals—some experienced, some brand-new to business—who have limited funds but a strong desire to move to the U.S. They view the E-2 as their best pathway, but in an effort to save money, they attempt the application themselves.
Unfortunately, they often underestimate the complexity involved. Many believe legal fees are avoidable and that lawyers simply fill out forms. But the reality is different: mistakes in self-prepared applications often end up costing much more in corrections, legal intervention, and missed opportunities. This is a classic case of false economy—saving pennies only to lose pounds.
Group 2: The Overconfident Professional
Well-educated professionals—doctors, engineers, architects, and even non-U.S. lawyers—make up this group. They’re intelligent, resourceful, and usually do their own extensive online research before even consulting an attorney.
However, their downfall lies in misinterpreting how U.S. immigration law is applied in practice. It’s not just about reading the regulations; it’s about understanding the evidential burdens and how consular officers assess risk and credibility.
When professionals trust their attorney and follow guidance closely, they succeed. But when they don’t? They’re often blindsided by a refusal and stunned by the fact that there’s no right of appeal. Worse still, a refusal can jeopardize future travel to the U.S. under the Visa Waiver Program, forcing them to apply for a B1/B2 visitor visa instead.
Group 3: The Affluent but Misinformed Investor
These applicants come from wealth and are used to success. Naturally, they assume the E-2 process will be straightforward—after all, they have the funds.
But the E-2 visa isn’t just about showing money in a business account. The law demands that investment funds be irrevocably committed and at risk. Passive intent or unspent capital won’t suffice. The business must be substantially operational and demonstrate clear forward motion.
Many wealthy clients are reluctant to release funds until they receive approval, not realizing this alone can be a reason for denial. It often takes a hard lesson—after losing time, money, and a visa—to recognize the importance of following legal guidance from the outset.
Group 4: The Misguided Loyalty Applicant
This group includes individuals who trust a family friend, or a non-immigration lawyer—someone who may specialize in employment or personal injury law—to handle their E-2 application.
While well-meaning, these legal professionals often lack the nuanced understanding of U.S. business immigration processes. The result? Errors, omissions, and misunderstandings that lead to denials and wasted investments.
E-2 visa applications require specific legal knowledge. Not all lawyers are immigration lawyers, and certainly not all understand the complexities of investor visas.
The Moral of the Story? Choose Your Legal Guide Wisely
Over the years, I’ve assisted numerous UK citizens—many after they’ve already experienced visa refusals. In fact, only about 30% of applicants in the groups above succeed on their first attempt. The rest either seek help too late or end up starting over entirely.
As someone who understands both the UK and U.S. systems intimately, I encourage applicants to seek expert immigration advice before taking the leap. The right attorney will not only help you avoid costly errors but also ensure your investment and efforts yield results.
Key Issues to Consider Before Applying for an E-2 Visa
Before you start your application, here are some of the critical questions that must be addressed:
- What type and size of business qualifies?
- Which U.S. business entity should you form (LLC, S Corp, C Corp)?
- How do you maintain control over your investment?
- What is the appropriate investment amount for your business type?
- Can you clearly trace the source of your funds?
- Is your business a real and active enterprise, not just a concept?
- How should your spouse and dependents be presented in the application?
- Will you be employing foreign staff in the future as your business grows?
- What are the procedural steps from UK registration to U.S. approval?
The E-2 visa is a highly desirable path for British nationals—but only when handled with precision, planning, and legal expertise. Let my 18+ years of experience in U.S. and UK business immigration law work to your advantage.
© Lara Akinlude, Larhdel Law