E-2 Visa for Turkish Citizens: An Opportunity to Live and Work in the US Through Investment

The E-2 Investor Visa is one of the most flexible non-immigrant visa categories for entrepreneurs wishing to start a business or invest in an existing one in the United States while also living there legally. Although not available to citizens of every country, this visa is accessible to Turkish citizens thanks to the investment treaty in force between Turkey and the United States.

The E-2 visa not only offers investors the opportunity to manage a business in the US but also allows for the inclusion of a spouse and unmarried children under the age of 21 in the application. It offers significant advantages, particularly for entrepreneurs, franchise investors, small and medium-sized business owners, and Turkish businesspeople aiming to expand into the US market.

In this article, we discuss in detail how Turkish citizens can apply for the E-2 visa, the application requirements, investment criteria, key considerations throughout the process, and frequently asked questions.

What Is the E-2 Visa?

Can Turkish Citizens Apply for the E-2 Visa?

Requirements for the E-2 Visa

How Much Investment Is Required for the E-2 Visa?

How Does the E-2 Application Process Work?

Can Spouses and Children Benefit from the E-2 Visa?

Advantages of the E-2 Visa

Common Mistakes in Applications

Does the E-2 Visa Lead to a Green Card?

The Importance of Proper Planning for the E-2 Visa

What is the E-2 Visa?

The E-2 Visa is a non-immigrant investor visa issued to citizens of countries that maintain an investment treaty with the United States. Under this visa, the applicant may enter the U.S. to develop and manage a business by making a substantial investment in a bona fide, active commercial enterprise.

The E-2 visa does not grant a Green Card. However, the visa is renewable as long as the necessary conditions continue to be met, potentially allowing the investor to live and work in the U.S. for many years.

For Turkish citizens, one of the key advantages is the ability to renew the visa—provided the investment is successfully maintained—and to establish a long-term plan for living in the U.S. as the business grows.

Can Turkish Citizens Apply for the E-2 Visa?

Yes. Turkey is among the countries that are party to an E-2 investment treaty with the United States. Therefore, Turkish citizens may apply for the E-2 investor visa if they meet the necessary requirements.

Being a citizen of the Republic of Turkey is a fundamental requirement. For individuals holding dual citizenship, the specific citizenship under which the application will be submitted must be carefully considered.

Citizenship alone is not sufficient for the application; the nature of the investment, the operational status of the business, the source of investment funds, and the applicant's role in the business are also examined in detail.

Requirements for the E-2 Visa

Although each application is evaluated based on its own specific circumstances, the following criteria generally need to be met.

1. Citizenship of a Treaty Country

The applicant must be a national of a country that is a party to the E-2 treaty. Turkish citizens meet this requirement.

2. Investment in a Real and Active Business

It is not sufficient for the investment to consist merely of capital sitting in a bank account. The business must be actively operating or ready to commence operations.

One may establish a new company or purchase an existing American business. Restaurants, cafes, consulting firms, technology startups, logistics companies, manufacturing firms, and franchises are among the sectors frequently chosen for E-2 investments.

3. Substantial Investment

U.S. regulations do not stipulate a fixed minimum investment amount for the E-2 visa. Instead, the investment is expected to be "substantial" relative to the nature of the business. This amount generally will not be less than $100,000.

In practice, the investment amount varies depending on the size of the business. For businesses requiring lower capital, the investment is expected to cover a significant portion of the operating costs, whereas different assessments may apply to larger businesses.

Merely planning the investment is insufficient. At the time of application, it is crucial that the funds have actually been invested or irrevocably committed to the investment.

4. Lawful Source of Funds

It is necessary to document that the capital to be used for the investment was obtained through lawful means.

In this context, sources such as:

• Salary income,
• Business earnings,
• Real estate sales,
• Inheritance,
• Savings,
• Corporate profits

must be proven with appropriate documentation. Failure to explain the source of funds is a significant risk that could lead to the application being rejected.

5. The Enterprise Must Not Be Marginal

An E-2 investment must not be merely a small-scale operation intended solely to provide a livelihood for the investor.

The enterprise is expected to possess growth potential, contribute to the economy, and be structured in a way that generates new employment opportunities to the greatest extent possible.

How Much Investment Is Required for the E-2 Visa?

This is one of the most frequently asked questions. However, U.S. immigration regulations do not mandate a specific dollar amount.

When assessing the adequacy of the investment, the following factors are considered together:

• The total cost of the business,
• The proportion of the investment made,
• The business plan,
• The field of activity,
• Expected revenue, and
• The employment plan.

Consequently, each investment project is evaluated on its own merits. While a lower amount of capital may suffice for some businesses, significantly higher investments may be expected in capital-intensive sectors.

Therefore, when preparing an investment plan, it is important to focus not only on the investment amount but also on the business's sustainability and commercial viability.

However, as previously mentioned, this amount will generally not be less than $100,000.

How Does the E-2 Application Process Work?

An E-2 visa application involves more than just filling out the necessary forms. A successful application relies heavily on strategic investment planning, the preparation of appropriate documentation, and the creation of a legally comprehensive application file.

In general, the E-2 application process consists of the following stages:

1. Preliminary Assessment

In the initial stage, the applicant's citizenship, investment goals, financial status, and planned business model are evaluated. This review is crucial for determining eligibility for the E-2 visa and formulating the most appropriate application strategy.

2. Company Formation or Business Acquisition

The applicant may establish a new company in the U.S. or purchase an existing, operating business. Conducting genuine and active commercial activity is a fundamental requirement for the E-2 visa.

3. Execution of the Investment

Prior to the application, the investment must actually be made, or the investment funds must be irrevocably committed to the business. Expenses such as company formation costs, equipment purchases, rent payments, inventory costs, and similar operational expenditures may be considered part of the investment.

4. Preparation of the Application Package

Preparing a comprehensive application package is one of the most critical stages of the E-2 application process. The package typically includes company formation documents, a business plan, financial projections, proof that the investment has been made, documentation regarding the lawful source of funds, and other supporting materials related to the business's operations.

5. Consular Application and Interview

Once the application package is complete, it is submitted to the relevant U.S. Consulate or Embassy. The applicant may be required to attend an interview. During the interview, questions may be asked regarding the nature of the investment, business operations, the source of funds, and the U.S. business plan. A lawyer from our team will thoroughly prepare you for this interview.

6. Visa Decision

If the application is approved, the E-2 visa is issued, allowing the investor to enter the United States to develop and manage their business. Visa validity periods and entry requirements may vary depending on the country where the application is submitted and applicable reciprocity principles.

Each E-2 application is evaluated based on the nature of the investment, the structure of the business, and the applicant's individual circumstances. Therefore, proper planning from the very beginning of the application process and the thorough preparation of supporting documents can significantly increase the chances of a successful application.

Can Spouses and Children Benefit from the E-2 Visa?

Yes.

The applicant's spouse and unmarried children under the age of 21 may also benefit from E-2 status.

There are significant advantages, particularly for the spouse.

Upon completion of the necessary legal procedures, the spouse is eligible to work in the United States, while children may pursue their education there.

Advantages of the E-2 Visa

There are many reasons why entrepreneurs frequently choose the E-2 visa.

Its primary advantages include:

• The opportunity to establish and operate a business in the U.S.,
• The ability to renew the visa as long as the requirements continue to be met,
• The spouse's eligibility to work,
• The opportunity for children to receive an education,
• The absence of a specific minimum investment amount explicitly mandated by law,
• The flexibility it offers entrepreneurs regarding business models, and
• The option to purchase an existing business.

Thanks to these advantages, the E-2 visa is an attractive option for many Turkish investors wishing to conduct business activities in the U.S.

Common Mistakes in Applications

Certain errors made during the application process can lead to unnecessary delays or unfavorable decisions.

The most frequently encountered mistakes include:

• Preparing an inadequate business plan,
• Failing to document the source of investment funds,
• The business not yet being ready for operation,
• The investment not being truly "at risk,"
• Submitting incomplete financial documents,
• The business appearing "marginal," and
• Including contradictory information in the application file.

Therefore, it is important to remember that the application process involves more than just filling out forms; it requires comprehensive legal and commercial preparation.

Does the E-2 Visa Lead to a Green Card?

No.

The E-2 visa is not an immigration category that directly leads to a Green Card.

However, some investors may explore permanent residency options later on if their businesses grow, if they transition to different investment programs, or if they become eligible under other immigration categories.

Since every investor's situation is unique, it is important to conduct long-term immigration planning that takes individual circumstances into account.

For an immigration category that directly leads to a Green Card, one might consider the EB-5 Immigrant Investor Program.

The Importance of Proper Planning for the E-2 Visa

The E-2 investor visa offers significant opportunities for Turkish citizens wishing to establish a business or invest in an existing enterprise in the United States. Thanks to its flexible structure, the rights it grants to family members, and its investment-oriented approach, this visa category has become a compelling option for entrepreneurs aiming to enter the U.S. market.

However, a successful E-2 application depends on more than just making an investment. The nature of the investment, the lawful source of funds, the commercial viability of the business, a comprehensive business plan, and a meticulously prepared application package are among the most critical elements of the process.

As every investment project and applicant's situation differs, it is crucial to carefully evaluate individual circumstances and engage in strategic preparation prior to applying. An application that is well-planned and supported by strong documentation can significantly increase the likelihood of obtaining an E-2 visa and offer investors valuable opportunities to grow their businesses and achieve their long-term commercial goals in the U.S.

At Global Capital Law, we advise investors globally, including within Türkiye, the United States, Canada and India on navigating EB-5 requirements, assessing available investment options, and developing strategies tailored to their individual goals.

Before moving forward with an investment or selecting a specific project, contact us for a free consultation to better understand your options and determine your next steps.