Navigating the "Special Relationship": US Immigration Strategies for British Founders
- Andrew Sones
- Apr 10
- 3 min read
The E-2 Advantage: A Privilege of the 1815 Treaty
While many global founders struggle with the H-1B lottery, British entrepreneurs have access to the E-2 Treaty Investor Visa. Because the UK and U.S. share a long-standing Treaty of Commerce, you can reside and work in the U.S. indefinitely (in renewable 2–5 year increments) as long as you maintain a "substantial" investment in a U.S. enterprise.
In 2026, a "substantial" investment is no longer a fixed number. For a service-based startup in the London-to-US corridor, an investment of $75,000 to $100,000 can often be deemed sufficient, provided it is fully committed to the business before the visa application is filed.
At Crownside Legal, we represent British founders at the U.S. Embassy in London (Grosvenor Square/Nine Elms), providing the authoritative forensic documentation needed to prove that your investment is not "marginal" and will create jobs for U.S. workers.
Strategic Hybridity: Using the L-1A for Established Founders
If you have already scaled your UK business and have at least one year of executive experience in the London office, the L-1A (Intracompany Transferee) may be a more robust choice than the E-2.
The strategic benefit of the L-1A for a British founder is the direct path to a Green Card (EB-1C). Unlike the E-2, which is a non-immigrant "stay" visa, the L-1A is designed for multinational managers. If your 2026 goal is permanent residency, we often recommend the L-1A "New Office" petition to anchor your presence in the U.S. permanently.
Attorney Andrew R. Sones, a member of AILA and the American Bar Association, assists founders in London with the "forensic audit" of their UK corporate structure to ensure the relationship between the British parent and U.S. subsidiary is ironclad under 8 CFR 214.2(l).
Managing the "Path of Funds" from the UK
In 2026, the single most common cause of visa denial for British founders is a "broken" paper trail. USCIS requires a clear, documented path showing the money moving from its lawful UK source into the U.S. business account.
Crownside Legal provides an authoritative "Path of Funds" protocol. Whether your capital comes from:
Dividends from a UK Limited Company;
The sale of property in the Home Counties;
Venture Capital or Angel Investment in London;
We ensure every pound and dollar is accounted for with primary source documents, leaving no room for "Requests for Evidence" (RFEs).
Frequently Asked Questions
Is there a minimum number of employees I must hire?
For the E-2 visa, there is no statutory minimum, but you must prove the business is not "marginal"—meaning it must eventually employ U.S. workers and generate more than a mere living for you and your family.
Can I use my UK-earned savings for the E-2 investment?
Yes. In fact, using your own savings is the simplest source of funds to document. We will just need your UK bank statements and tax returns (P60/SA302) to verify the income was earned lawfully.
Can I travel back and forth to London frequently?
Yes. Both E-2 and L-1A visas are multiple-entry. However, we advise British founders to maintain their "Continuous Residence" if they eventually plan to apply for U.S. citizenship.
Bridge the gap from the UK to the USA with confidence.
Contact Crownside Legal for an authoritative U.S. immigration strategy. We understand the unique needs of British entrepreneurs.
📞 UK Office: +44 (0) 20 3657 9740
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Treaty-based and executive immigration laws are subject to frequent change. For legal advice specific to your case, please consult with a licensed U.S. attorney.
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