Frequently Asked Questions

Can an E-1 or E-2 dependents work in the United States?

See "Dependents" in the Introduction.

What is an investor permitted to do while in the US on the Visa Waiver Program or on a B1/B2 visa?

See "Proper Use of B1/B2 Visas and Visa Waiver Travel for Investors" in the Introduction.

Does an E-visa lead to legal permanent residency?

There is no formal route from an E-visa to a green card. Applicants who wish to become US citizens must apply for the appropriate immigrant visa category.

Can I retire on an E-2 visa?

No. The E-visa is a work visa. It is expressly intended for those whose enter the US "solely to carry on substantial trade" or "solely to develop and direct the operations of an enterprise." As soon as you cease to meet this requirement, you are no longer eligible for the visa.

Can a refusal be appealed?

See the last paragraph in "Processing Procedures."

What documents are required to register a franchise?

These may vary from case to case, but at minimum we require a signed and dated franchise agreement and proof of payment of the franchise fee. If you are purchasing an existing franchise from a current franchisee, we also need a letter of consent from the franchisor.

What is the minimal amount of money that I need to invest?

Neither the regulations nor the law stipulates any specific minimum amount for a qualifying investment. Instead, the law says the investment must be "substantial"-namely, sufficient to ensure the investor's commitment o the enterprise and enough to make it likely that it will succeed. In order to determine whether a given investment is substantial we employ the proportionality test, which is described here in in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51).

If I have been arrested or convicted for any reason in the United States or outside it, must I go through some extra steps to obtain a visa?

Yes. At minimum, you must submit a UK Subject Access Statement dated from within 6 months of your interview. For more information, click on this link

May I submit an E-application to the US Embassy in London if I am not a UK citizen?

You may do so if (a) the country of which you are a citizen has a bilateral treaty with the US permitting E-visas (to check, look here) and (b) you permanently reside in our consular district, Great Britain and Northern Ireland. You will be asked for evidence of your residency.

Are subsidiaries or affiliates of a Treaty Investor enterprise automatically eligible to send employees on E-2 visas?

No. In order to register the subsidiary of a US treaty investor company or the affiliate of one with common UK ownership, you must (a) notify us by letter of the addition, (b) provide us with the latest US tax return for the subsidiary or affiliate, and (c) provide proof of its ownership. We will process such requests as we receive them and will not put them into the regular queue for new registrations and renewals. E-1 subsidiaries or affiliates require completely new applications for the company to be added.

Can outside funds-such as savings or income from other sources-count towards the marginality requirement?

No. In most cases, income from the business alone must be able to support the investor and his family.

Do my children need to be present at the interview?

Dependent children under 14 do not need to attend the interview. However, they must be in the United Kingdom when their visas are issued. Applicants are advised to provide evidence (such as boarding passes) of their presence.

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