You can also obtain an E-2 visa if you are planning to start a new business, but the process is less straightforward. If you are buying an existing business, you need to sign a purchase contract and place the total funds in escrow, which can be fully refundable in the event that you fail to obtain a visa.

In the case of a start-up business, you already need to have spent the funds necessary to start your business, and provide proof, such as receipts, etc. Depending on the type of business, you may need to demonstrate that you have invested a considerable amount - whatever is necessary to start that type of business.

For example, if you were establishing a restaurant you would need to demonstrate that you have already leased premises, purchased all furniture and kitchen equipment necessary, and are very close to completing any refurbishment required. If you are starting a service business, on the other hand, the investment you are considering may be quite low, as little as $30-$40,000. In that case it is advisable to purchase ALL items you might possibly need to maximise your chances of visa approval. An appropriate amount of working capital will also have to be documented. Proving that funds are "irrevocably committed" is crucial.

In addition to demonstrating that your investment has already been made, you will also have to put forward a convincing case that the business will be profitable. A comprehensive business plan is necessary, along with supporting documentation which will independently confirm the likely revenues of your business. Examples are signed property management agreements with prospective clients in a property management business, and for other types of businesses, letters of interest from future customers, existing contracts, etc. If none of this type of documentation is likely to be available, you might be advised to reconsider your plans.

Another element that can add credibility to a business plan is being able to demonstrate that you have run a business successfully in the UK before, (by providing UK accounts), particularly if it is of a similar nature to the US business you are establishing.

If you have not previously run a business in the UK, it may be difficult to obtain an E-2 visa for a start-up.

The exception to this rule is a franchise. It is generally recognised that good franchise companies offer considerable support and assistance to franchisees. Most well known franchises have a good track record of success, which can be documented. A signed franchise agreement will be required, as well as proof of having paid the franchise fee, leased business premises and purchased the necessary equipment for the business to start trading.