The E-2 Visa: How to Apply and Requirements (2025 Comprehensive Guide)

For entrepreneurs and investors dreaming of starting a new chapter by establishing a business or investing in an existing one in the United States, the E-2 Investor Visa is a crucial gateway offering unique opportunities. As CK Law Office, with our deep expertise in guiding Turkish clients through complex immigration processes and helping them achieve their American Dream, we have compiled everything you need to know about the E-2 visa in this comprehensive guide. Our goal is to enable you to make informed decisions on this important journey and to present all aspects of the E-2 visa process in an understandable language.

I. Introduction: What is the E-2 Visa?

The E-2 Investor Visa is a non-immigrant visa that allows citizens of countries with which the United States has a treaty of commerce and navigation to be admitted to the U.S. when they invest a "substantial" amount of capital in a U.S. business. This visa grants the investor the right to establish or purchase and manage a commercial enterprise. In addition to the investor, it also provides their spouse and unmarried children under 21 with the right to legally reside, and under certain conditions, work or study in the United States.

Turkey is one of the countries that has an E-2 visa treaty with the United States. This provides a significant advantage for Turkish entrepreneurs and investors to access the U.S. market, grow their businesses internationally, and participate in the dynamic American economy. The E-2 visa is a popular option among Turkish investors because it does not require the extremely high minimum investment amounts of some other investor visas (such as the EB-5 immigrant investor program) and is not subject to annual quotas.

However, it is important to remember that the E-2 visa is a "non-immigrant visa," and applicants must intend to depart the United States upon the termination of their status. This requires careful strategy and planning, especially for investors aiming for a long-term future or a Green Card (Permanent Resident Card) in the U.S. While the E-2 visa does not offer a direct path to a Green Card, a successful E-2 business and the right legal guidance can open indirect pathways to a Green Card in the future. We will delve into this topic in detail later in this guide.

At CK Law Office, we understand the unique needs of our Turkish clients in E-2 visa applications. We offer tailored solutions at every stage of the application process and provide the necessary legal support for them to achieve their dreams in America. This guide has been prepared to shed light on your E-2 visa journey and to simplify this seemingly complex process.

II. What are the Basic Requirements for an E-2 Visa?

To have a successful E-2 Investor Visa application, a series of essential requirements must be met. These requirements cover both the investor's personal status and the qualifications of the business being invested in. At CK Law Office, we believe that a detailed understanding of each of these conditions is critical to your application's success.

A. Be a National of a Treaty Country (Turkey's Status and Importance)

The first and most fundamental condition for applying for an E-2 visa is to be a citizen of a country that has a valid treaty of commerce and navigation with the United States. Fortunately, the Republic of Turkey is a party to this treaty, and Turkish citizens are eligible to apply for the E-2 visa.

If the investment is made not by an individual but by a company, at least 50% of that company must be owned by nationals of the treaty country (e.g., Turkish citizens). This 50% rule is a crucial element that can affect the continuity of E-2 status.

As an important note, if a person has acquired citizenship of a treaty country through an investment program (like a Citizenship by Investment - CBI program), U.S. Department of State policies may require that person to have physically resided in that country for a certain period (usually at least 3 years) before applying for the E-2 visa.

B. The Concept of "Substantial Investment": Is There a Minimum Amount? The Proportionality Test and Practical Examples

The E-2 visa regulations do not specify a minimum dollar amount for the investment. However, the investment must be "substantial," meaning it must be sufficient to establish, operate, and ensure the successful operation of the business.

This is determined by the "Proportionality Test," which evaluates the investment amount relative to the total cost or value of the business.

• For low-cost businesses: The investment is expected to constitute a larger percentage of the total cost.
• For high-cost businesses: The ratio of the investment to the total cost of the business may be lower.

Although there is no officially recognized minimum, it is generally stated that investments of $100,000 and above are more likely to be considered "substantial."

The investment must be "at risk" and "irrevocably committed." Funds that are merely held in a bank account, not actively used for business operations, or are for speculative purposes are not considered a "substantial investment."

Practical Examples:

• Consulting Firm: An investment of $80,000 covering initial operational costs, rent, and equipment could be considered "substantial."
• Restaurant: An investment of $250,000 for leasing/purchasing, renovations, and initial operating expenses could be "substantial," depending on the scale.

C. "A Real and Operating Enterprise" (Bona Fide Enterprise): Passive Investments Are Not Valid

The investment must be directed toward a "real, active, and operating commercial or entrepreneurial undertaking." The business must actually produce/provide goods or services and operate for profit.

Passive investments are not eligible for the E-2 visa. For example:

• Simply buying land or a residence and waiting for it to appreciate.
• Creating a stock portfolio that does not require active management.
• Real estate investments without development and operational activity.

The business must be non-speculative, legally compliant, and have a commercial purpose.

D. "To Develop and Direct" the Investment: Control and Management Role

The E-2 visa applicant must be coming to the U.S. not just to have made an investment, but to actively "develop and direct" that investment. This means the investor must play a key role in the success of the business.

This is typically demonstrated by:

• At Least 50% Ownership: A strong indicator of control.
• Operational Control: Proving a managerial position (e.g., CEO, General Manager) or other corporate means, even with less than 50% ownership.

The investor is expected to play an active role in the daily operations and strategic decisions.

E. The Investment Must Not Be "Marginal": Contribution to the U.S. Economy and Job Creation (The 5-Year Rule)

It is a critical requirement that the investment is not "marginal." A marginal enterprise is one that generates only enough income to provide a minimal living for the investor and their family. The business must make a meaningful contribution to the U.S. economy and ideally create employment for U.S. citizens or permanent residents.

What is the "5-Year Rule"?

If a new business can demonstrate that it has the capacity to cease being marginal and generate sufficient income within five years of the E-2 investor's status beginning, it may not be considered marginal. This potential is proven through a comprehensive and realistic business plan.

The Importance of Job Creation

One of the strongest ways to show that a business is not marginal is to demonstrate its potential to create jobs for U.S. workers. It is generally expected that an E-2 enterprise will hire at least 2-3, ideally 3-4 full-time equivalent (FTE) U.S. employees within a 5-year period.

F. Legality and Documentation of the Source of Investment Funds

This is a meticulously scrutinized part of the application. The funds used for the investment must be from a lawful (legitimate) source and belong to the applicant.

Basic Principles:

• Lawful Source: Funds must be obtained from legal and documentable sources.
• Traceability: All money movements must be documented step-by-step.
• Applicant's Control: The investment funds must be under the control of the applicant.

Generally Acceptable Sources: Personal savings, legally made and documented gifts, inherited funds, proceeds from the sale of assets, and loans secured by the applicant's personal assets.

G. Intent to Depart from the U.S. (Non-immigrant Intent)

The E-2 visa is a "non-immigrant" visa category. The applicant must have the intention to depart the United States when their visa or legal period of stay expires.

Reconciling Indefinite Extension with "Intent to Depart":

The E-2 visa can theoretically be extended indefinitely. However, each extension or new entry is based on the assumption that the applicant maintains their non-immigrant intent at that moment and complies with the terms of their current legal status.

Green Card Goals and "Intent to Depart":

E-2 visa holders can legally apply for a Green Card through other eligible avenues (e.g., EB-5). However, due to the E-2's lack of "dual intent" recognition, one should not mention any intention to live permanently in the U.S. or to apply for a Green Card during the E-2 visa interview.

III. E-2 Visa Application Process: A Detailed Step-by-Step Guide

A. Application Routes: Consular Processing vs. Change of Status within the U.S

There are two main ways to obtain an E-2 visa:

• Application through a U.S. Consulate (Consular Processing):
  • Route: Standard route for applicants outside the U.S. (e.g., in Turkey).
  • Advantage: Visa stamped in the passport typically has a longer validity period (e.g., up to 5 years for Turkish citizens) and grants flexibility to enter and exit.
  • Disadvantage: Waiting times for the interview in Turkey can be long.
• Change of Status (COS) from within the U.S.:
  • Route: For applicants already in the U.S. in another legal non-immigrant status (e.g., B-1/B-2). File Form I-129 with USCIS.
  • Advantage: Does not require leaving the U.S.
  • Disadvantage: E-2 status approved by USCIS is typically granted for 2 years. The approval is not a visa; the applicant must still apply for a visa at a consulate to travel internationally and re-enter.
  • Significant Risk: The "Preconceived Intent" issue, where applying for COS shortly after entering on a short-term visa (like B-1/B-2) can lead to denial.

B. Details of Applying through U.S. Missions in Turkey (Ankara/Istanbul)

E-2 applications from Turkey are processed through the U.S. Embassy in Ankara or the U.S. Consulate General in Istanbul.

Istanbul U.S. Consulate General Process: The E-Visa Unit requires documents to be sent via email, organized in a very specific format with separate PDF files under numbered "TAB" headings (e.g., Tab C, Tab D).

Application Fees and Other Costs:

(Note: Fees are subject to change. Turkish citizens currently have no Reciprocity Fee for E-2.)

C. The Visa Interview: Preparation Tips and Frequently Asked Questions

The visa interview is where the consular officer confirms your application details, questions your investment and business plan, and evaluates your eligibility and intent for the E-2 visa.

Tips for Interview Preparation:

• Be Completely Familiar with your application, business plan, and financials.
• Answer questions Clearly, Honestly, and Confidently.
• Be prepared to explain your business model, market analysis, and job creation goals.
• Do not mention an intention to live permanently in the U.S.

Frequently Asked Interview Questions:

• What is the exact amount of your investment, and how did you obtain these funds?
• How will your business cease to be "marginal"?
• How many people do you plan to hire, and will they be U.S. citizens?
• What do you plan to do when your E-2 visa expires? (To confirm intent to depart.)

D. Application Processing Times: Expectations and Expediting (Premium Processing) Options

• Consular Processing Times (Turkey): Waiting times for an interview appointment at U.S. missions in Turkey can be quite long (8-12 months or more).
• USCIS Change of Status Processing Times: Normal processing can range from 4 to 8 months.
• Premium Processing: Available only for applications filed with USCIS (Change of Status). USCIS commits to an initial response usually within 15-30 days for an additional fee.
• Request for Evidence (RFE): Missing or insufficient information can lead to an RFE, which significantly extends the processing time.

IV. Rights for Family Members of E-2 Visa Holders

The E-2 visa offers significant advantages to the investor's family.

A. Work Authorization (EAD) and Social Security Number (SSN) for Spouses

The legally married spouse of an E-2 investor (regardless of their own nationality) can obtain an E-2 dependent visa.

• Automatic Work Authorization: Work authorization for E-2 spouses is now automatically granted incident to their E-2 dependent status. They do not need a separate Employment Authorization Document (EAD). Their Form I-94 is annotated with the code "E-2S".
• Flexibility: The spouse can work in any legal job, for any employer, or be self-employed in the U.S.
• SSN: Having legal work authorization, the spouse can apply for a Social Security Number (SSN).

B. Educational Opportunities and Age Limit for Children (Unmarried Children Under 21)

Unmarried children under the age of 21 can also obtain an E-2 dependent visa.

• Educational Rights: Children can receive free education in public schools (K-12) and pursue higher education.
• Work Restriction: Children with E-2 dependent status do not have legal work authorization.
• "Aging Out" Issue: When children turn 21 or marry, they automatically lose their E-2 dependent status and must switch to a different visa (e.g., F-1 student visa) or depart the country.

V. Validity, Extension, and Renewal of the E-2 Visa

A. Initial Visa Duration and Permitted Period of Stay in the U.S

• Visa Validity Period: For Turkish citizens, the E-2 visa is generally issued with a validity of 5 years and allows for multiple entries.
• Permitted Period of Stay (I-94 Period): The legal period of stay granted upon each entry is typically a maximum of 2 years, regardless of visa validity. This period is indicated on your online Form I-94.
• Renewing the 2-Year Period: You can obtain a new 2-year period of stay either by traveling outside the U.S. and re-entering, or by applying for an extension of status with USCIS (Form I-129/I-539).

B. Visa Extension and Renewal Processes: Requirements and Procedures

The E-2 visa can be extended an unlimited number of times as long as the investment and business meet the E-2 criteria.

Critical Factors for a Successful Extension/Renewal:

• Continuity and Compliance of the Business: Proof that the business is still "real, active, and not marginal."
• Investor's Role: Proof that the investor is still actively "developing and directing" the business.
• Current Documents: Submission of recent financial statements, current tax returns, payroll records, and number of current U.S. employees.

VIII. Is it Possible to Transition from an E-2 Visa to a Green Card? Indirect Paths and Strategies

The E-2 Investor Visa does not offer a direct path to a Green Card. However, there are indirect strategies:

• EB-5 Immigrant Investor Program: Expanding the E-2 investment to meet the EB-5 requirements (higher investment amount and creating 10 full-time U.S. jobs).
• Employment-Based Green Card with an Employer Sponsorship (EB-1, EB-2, EB-3):
  • EB-1C (Multinational Manager or Executive): If the investor also has an active foreign company and meets the requirements.
  • EB-2 or EB-3: The investor or their spouse is sponsored by a U.S. company for a Green Card.
  • EB-2 National Interest Waiver (NIW): Applying without employer sponsorship for individuals with exceptional ability or an advanced degree whose work is in the national interest.
• Family-Sponsored Green Card: If the investor or spouse has a close U.S. citizen or Green Card holder relative who can sponsor them.

IX. Frequently Asked Questions (FAQ)

What is the minimum investment amount for an E-2 visa?

There is no definite minimum amount, but the investment must be "substantial." Investments of $100,000 and above are generally recommended.

Can I work in the U.S. with an E-2 visa?

Yes, the principal investor can only work for their own E-2 business. Their spouse, with automatic work authorization, can work in any legal job. Children do not have work authorization.

How long do E-2 visa applications from Turkey take?

The waiting times for an interview appointment at U.S. missions in Turkey can be quite long (8-12 months or more).

Can the money used for an E-2 investment be a loan?

Yes, funds obtained from loans secured by the applicant's personal assets (e.g., real estate) can be used. However, unsecured loans taken out directly against the E-2 enterprise's assets may not be acceptable.

Can I get a Green Card with an E-2 visa?

You cannot get it directly. However, you can apply for a Green Card through indirect paths such as the EB-5 investor program or employer sponsorship while maintaining your E-2 status.

X. How Can CK Law Office Assist You in Your E-2 Visa Process?

At CK Law Office, we offer personalized, comprehensive, and result-oriented legal support at every stage of the application process.

CK Law Office's E-2 Visa Services:

• Comprehensive Case Evaluation and Strategy Development.
• Detailed Documentation Preparation (including the complex source of funds documentation).
• Professional Business Plan Support to ensure compliance with E-2 requirements.
• Legal Counsel in Company Formation and Investment Processes.
• Visa Interview Preparation.
• Management of Visa and Status Procedures for Family Members (including spouse work authorization/SSN).
• Visa Extension, Renewal, and Status Maintenance.
• Green Card Transition Strategies.

XI. Conclusion and Looking Forward

The E-2 Investor Visa is a valuable tool that opens new horizons for Turkish entrepreneurs and investors in the United States. Obtaining this visa requires meticulous preparation and adherence to the fundamental requirements: treaty country nationality, substantial and active investment, a real and operating business that is not marginal, and demonstrable active management.

Being conscious and strategic in every step taken in this process will significantly increase the chances of success. At CK Law Office, we are ready to guide you with expertise on your E-2 visa journey and be your reliable partner in turning your American dreams into reality.