E-2 Visa: United Kingdom to U.S.A.

E-2 Visa: United Kingdom to U.S.A.


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British citizens can use the E-2 visa to gain entry into the United States. This visa program is reserved for countries that sustain a business treaty with the U.S. Once in the United States, the British national is expected to start a business that will see the creation of jobs in the U.S.’s economy.

There are a few qualifying factors that must be met by all E-2 visa applicants. Some are easy, while others can be complicated. That is why it is important to hire an immigration attorney so that they can help review your situation and take the appropriate measures. The visa is obtained by filing a petition at the consulate office in the United Kingdom.

The Applicant Has To Commit To Purchasing a Company

Many British E-2 visa applicants make a mistake by proceeding with their visa petition without an active business in place.

The consulate office in the United Kingdom does not dictate the kinds of businesses that can be founded by E-2 petitioners. A British applicant can own a business in the U.S. by acquiring it. To acquire an E-2 eligible enterprise, you must purchase at least 50% ownership of the business.

If a British investor is interested in creating a startup company, they do not have to wait until the business is completely rolled out. In fact they should get an attorney to assist in preparing the E-2 application and the business purchase contracts. By doing so, they can attach the lease agreement documents in their petition to prove that funds are being directed towards the start of the business enterprise.

The consulate office in the United Kingdom states that all E-2 applicants must be willing to remain as active participants in their enterprises in the U.S. So they can not look for work at other companies. In fact the investor is regarded as an employee of their own business.

The British Petitioner Has To File An Application and Pay Visa Charges

E-2 visas are issued by the consulate office in United Kingdom because one can only apply for this kind of visa from your home country.

You need to obtain a passport from the British authorities because you can not leave or enter another country without it. Moreover, the consulate office in United Kingdom grants E-2 visas to applicants by stamping their passports.

British candidates should complete form Ds-160 and sign it. The consulate office makes it possible for all applicants in the country to access the form by placing it in their website where it can be downloaded and printed.

There is a E-2 visa application fee that must be paid by every British applicant. You should also be aware that the application fee is non-refundable.

The Venture Has To Be Fruitful

The British who apply for the E-2 visa program are to establish a businesses in the United States. Owning a business is not sufficient, because it has to generate adequate profits that can sustain the owner and the owner’s dependents as well as some U.S. employees.

It therefore goes without saying that marginal investments do not qualify for the E-2 visa. This determination is concluded by calculating the amount spent by the British citizen to obtain the business and the anticipated profits that the business is estimated to produce.

Buying a franchise business in the U.S. is a smart option to fulfill the E2 visa business requirement, because a well run franchise will provide you with a proven success model and business plan. The business plan can be provided with your E-2 visa application. You can capitalize on the stability and name recognition of past franchise success. Therefore avoiding the unnecessary risk of investing in an unknown business or starting from scratch.

The Investor Has To Make a Significant Investment

The business set up by a British E-2 investor must be profitable, otherwise your renewal request will be denied. In fact, you should submit all financial statements from the business including tax returns to show that the business is indeed a profitable venture.


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The Source of Funds Has To Be Explained By The British Investor

British applicants are allowed to finance their E-2 projects using loans that are borrowed from the banks. However, they can not use the E-2 business to secure the loan. Thus an investor has to look for an alternative asset to use as collateral. A British applicant can use a home or land in the United Kingdom to secure their loan.

Those who are not able to raise a substantial amount of money can partner with other interested individuals in their country so that each party owns a portion of the investment business. The other alternative is to borrow money from family and friends.

Contact an Immigration Attorney

A British E-2 petitioner has a wide pool of immigrations lawyers to choose from. They should settle for one who has a history of winning petitions.

An immigration lawyer can handle the all the visa petition details on your behalf. The attorney can start their process after form G-28 is submitted. The lawyer’s contact details are also entered in this form so that there can be constant communication between the attorney and the consulate office in the United Kingdom.

Two Jobs Have To Be Allocated for U.S. Citizens

A British E-2 Visa holder has to create job opportunities for at least 2 U.S. nationals in the business. The size of your business does not matter because this requirement is compulsory for all E-2 investors. Furthermore, these two employees have to be hired on a full-time basis.

The hiring process should be carried out within the first two years if the company is a startup enterprise. If the company already exists prior to filing the petition, there has to be at least two American employees and if they are not present they have to be hired as soon as possible.

Spouse and Children Can Come To U.S.

The spouse and kids of an British applicant are entitled to dependent visas upon the approval of the primary E-2 visa applicant. The spouse must be legally married to the applicant otherwise they will not be allowed to come with them to the U.S. Children who are not yet 21 years of age are also included in this clause. But children will be required to apply for independent visas upon turning 21 years of age.