The E-2 Investor Visa is a popular option for UK citizens looking to settle in the U.S., with many already residing in the country on this visa. Its flexibility and ability to be renewed indefinitely make it an attractive choice for those seeking long-term residence.

The UK has been part of the treaty since July 1815, meaning British citizens have been applying for the E-2 visa for over 200 years. Over this period, the rules and interpretations have evolved, and many lessons have been learned about the application process.

As a UK citizen and an attorney specializing in U.S. immigration law, particularly business immigration, I have seen where applicants commonly make mistakes in their E-2 visa applications. These mistakes often lead to denials and wasted time and money, especially considering the significant investment required—typically between $60,000 and $200,000, depending on the type of business.

Through my experience, I have identified four common groups of applicants who tend to encounter difficulties with their E-2 visa applications.

Group 1: Investors with Limited Funds

This group consists of individuals eager to move to the U.S. but facing financial constraints. They may have a good business idea but attempt to handle the application themselves to save money. They often believe that hiring a lawyer for a consultation or review would be too costly, and instead try to save by submitting their applications without professional guidance.

However, this can lead to costly mistakes. By the time they seek legal help, many errors have already been made, requiring time-consuming and expensive fixes. In the end, this approach often results in a “false economy,” where the initial savings are overshadowed by additional costs for legal fees, filing fees, and lost time.

Group 2: Smart Professionals

These applicants are well-educated professionals, such as architects, doctors, engineers, or non-U.S. lawyers, who feel confident interpreting the law themselves. Many conduct extensive research online before consulting a lawyer.

While their understanding of the law may be accurate, they often misinterpret the evidential burden required by U.S. immigration services. Successful E-2 applications depend not just on the letter of the law, but on presenting the evidence in a manner that aligns with the U.S. immigration service’s expectations.

When these professionals follow their lawyer’s advice, they tend to have successful applications. However, if they don’t, they may experience denials and are often frustrated by the lack of an appeal process. After a denial, they may also be ineligible to travel to the U.S. on the Visa Waiver Program and would need to apply for a B1/B2 visa.

Group 3: Financially Secure or Wealthy Individuals

This group includes individuals with ample financial resources who may assume the E-2 visa will be a straightforward process. They may feel entitled to the visa simply because they can meet the investment requirement.

However, a key requirement for the E-2 visa is that the investment must be “at risk.” Many applicants fail to understand that simply having funds in a business account is insufficient. They must have taken steps to actively invest in and prepare the business before applying. These applicants often need convincing that the money must be spent before the application can be submitted, and failure to do so can result in a denial. Many only accept this advice when they need to reapply, having already wasted time, effort, and money.

Group 4: Applicants Who Rely on Inexperienced Lawyers

Some applicants assume that any lawyer can handle their E-2 visa application, even if the lawyer specializes in a different area of law. For example, they may ask a friend who practices employment law to prepare their visa application.

This approach typically leads to mistakes and a denial. The E-2 visa process is complex and requires a lawyer with specific expertise in immigration and business law, especially when dealing with foreign investors.

Key Issues to Consider When Applying for the E-2 Visa

1. Qualifying Businesses: Understanding what types or sizes of businesses qualify for the E-2 visa.
2. Business Registration: Knowing the necessary business structure, such as S Corp, C Corp, or LLC.
3. Investment Control: The applicant must demonstrate control over the investment.
4. Expected Investment Amount: Ensuring the investment is substantial enough for the type of business.
5. Source of Funds: Providing documentation of the lawful source of the funds.
6. Real Operating Business: The business must be an active, operational enterprise.
7. Spouse and Children: Understanding how to present family members in the application.
8. Future Foreign Employees: Planning for foreign workers as the business grows.
9. Application Procedure: Following the correct procedure for a successful application.

Conclusion

The E-2 visa is one of the most sought-after options for UK citizens seeking to invest in the U.S. However, the application process can be complex and detailed. It’s essential to seek advice from an experienced E-2 immigration lawyer who understands both U.S. business immigration law and the UK system. With the right guidance, applicants can avoid common pitfalls and increase their chances of a successful application.