E2 Investor Visa
What is an E-2 Investor Visa?
The E-2 Investor Visa is a nonimmigrant visa category that allows nationals of certain treaty countries to enter and work in the United States based on a substantial and active investment.
It is one of the most researched options for individuals who wish to establish a new business or acquire an existing enterprise in the United States. This nonimmigrant visa offers significant opportunities to citizens of countries that maintain a treaty of commerce and navigation with the U.S.
Designed for those who want to form a company in the U.S., actively manage it, and operate it on a day-to-day basis, the E-2 visa serves as a critical pathway not only for the investor but also for their family. By providing both business ownership and work authorization, it stands out as a unique visa option.
The E-2 visa offers the following advantages in particular:
- The right to legally establish and operate a business in the US
- Work permit for spouses and education rights for children
- The possibility of long-term stay and visa renewal with a good business plan
Example: Citizens of the Republic of Turkey can apply for an E-2 visa because they are citizens of a country that has an agreement with the US.
There are two different versions of the E-2 visa investor and employee. Individuals who make a significant investment in an existing U.S. company or in the establishment of a new company are classified as investors, while those who come to the U.S. to work as managers, directors, or key employees of a company owned by a person from their home country are classified as employees.
Key Points:
- The investment can be made in a new U.S. company or an existing business.
- E-2 visa holders have the opportunity to work in the business they have invested in. Additionally, these individuals have the option to bring employees from their home country to work in the U.S.-based company.
E-2 Investor Visa
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Purpose of the E-2 Visa and Rights It Provides
Purpose of the E-2 Visa and Rights It Provides
The E-2 investor visa was developed to facilitate the entry of investors who will contribute to the US economy. The purpose of the visa is not only to enable the individual to earn income, but also to:
- Make a positive contribution to the American labor market
- Create employment
- Engage in sustainable commercial activities.
Rights You Will Have with an E-2 Visa
Right | Explanation |
Company Formation and Operation | You can legally establish and operate a business in the US. |
Family Rights | Your spouse can obtain a work permit; your children can receive education in the US. |
Renewable Status | As long as the business remains active, the visa can be renewed indefinitely. |
Freedom of Travel | You have the right to freely enter and exit the US as long as your visa is valid. |
The E-2 visa is not an immigrant visa and does not grant direct access to a Green Card. However, this may be possible through indirect means.
Who Can Apply for an E-2 Investor Visa?
The E-2 visa is only available to citizens of certain countries. These countries are those that have signed investment and trade agreements with the US. Turkey is among these countries.:
Investors: Individuals who are starting a new business or purchasing an existing business in the US.
Employees: Managers, executives, or key personnel of an E-2 company who are citizens of the same country.
This distinction affects the type of application and the evaluation criteria. In both cases, “active management” is required.
Eligibility Criteria
For an E-2 Investor Visa application to be accepted, the applicant must meet certain requirements. These criteria are comprehensive, ranging from the source of the investment to the structure of the business.
Citizenship Requirement
Only citizens of countries that have an agreement with the US can apply for an E-2 visa. Citizenship of this country is mandatory for both the investor and any employees. At least 50% of the company must also be controlled by a citizen of this country.
Citizens of the Republic of Turkey are eligible to apply for an E-2 visa.
Tip: If you are planning a partnership, other partners may also need to be citizens of a treaty country. For example, if a Turkish investor owns 50% of a company in the US and the other 50% belongs to a Brazilian partner (Brazil is not an E-2 treaty country), the application may be rejected because the company is not controlled by citizens of an E-2 treaty country. Because a 50% partnership alone is not sufficient for making critical decisions.
Investment Amount and Source
The investment amount must be “substantial,” meaning significant. There is no legal lower limit, but investments of $100,000 or more are generally considered strong. However, especially for applications within the United States, there may be a chance of approval even with investments below this amount.
The recommended amount may vary depending on the type of business to be invested in. Contact us now for more information, and we will evaluate your situation free of charge.
The investment source must be legitimate and verifiable:
- Personal savings – bank statements
- Inheritance – wills and transfer documents
- Gifts – donation agreements
- Secured loans – mortgage loan documents
Investments should be “at risk.” This means that at least part of the funds should already have been spent in a way that ensures the business can start operating.
Tip: Documentation must be provided for each type of source. The traceability of funds is of critical importance.
Company Structure and Activity
The E-2 visa is only granted to real, active companies that are ready to start operations. Startups that exist only on paper or are still in the idea stage are not eligible
In addition, a “marginality test” is applied. The company is only eligible for a visa if it creates jobs and contributes to the US economy, not if it only provides for the investor’s livelihood.
Business Plan Requirements
One of the most critical documents in the application file is the 5-year business plan. This plan should include:
- Market analysis
- Financial projections
- Marketing strategies
- Operational plan
- Financial forecasts (5-year)
- Personnel structure
- Legal ownership details
USCIS pays attention to whether the business plan is realistic, consistent, and employment-focused.
Management and Control
The applicant must own at least 50% of the company and actively manage it. Passive investors are not eligible.
Example: Participation in daily operations, strategic decision-making, and personnel management are expected. Daily operations must be supervised by traveling to the US or residing in the US.
Intention to Return
Since the E-2 visa is granted as a non-immigrant status, the applicant must declare that they do not intend to live permanently in the US. To this end, they must clearly state their intention to return to their home country.
Should You Start a New Business or Purchase an Existing Company for an E-2 Visa?
Starting a New Business
- A company can be established from scratch.
- A detailed business plan must be prepared.
- All expenses must be incurred and documented in advance.
Purchasing an Existing Company
Under the E-2 visa program, it is possible to purchase an existing company operating in the US instead of starting a business from scratch. This method can save time and allow you to begin operations more quickly. However, there are some important considerations to keep in mind:
- The due diligence process must be conducted with great care. The financial status, debts, contracts, tax history, and commercial reputation of the company to be purchased must be analyzed in detail.
- The investment can be secured by using an escrow account.
Acquiring an existing company is also a valid E-2 strategy. However, the completeness of documents, the transparent execution of transactions, and legal consultation are of critical importance.
How Does the E-2 Application Process Work?
Consulate Application (if you are outside the US)
- The DS-160 form is completed.
- A business plan and investment documents are prepared.
- An appointment is made with the U.S. Consulate.
The investment and business are explained during the interview.
The Istanbul Consulate places special emphasis on the business plan.
Status Change (if you are in the US)
- Form I-129 must be completed to transition from your current status to E-2.
- Form I-539 is required for spouses and children.
- Results can be obtained within 15 days with Premium Processing.
Tip: When leaving the US, a consulate application must be submitted to obtain a new visa.
Required Documents for E-2 Visa
Document Type | Description |
DS-160 Form | Digital form for consulate applications |
I-129 and I-539 | Forms required for status change |
Passport and Photo | Valid passport and biometric photo |
Business Plan (5-year) | Detailed, realistic, and feasible plan |
Investment Documents | Invoices, bank statements, contracts, etc. |
Company Documents | Company incorporation documents, EIN, licenses, etc. |
Lease or Purchase Agreement | Documents related to the place of business |
Tax and Employment Documents | IRS records, hiring documents, pay stubs |
Types of Investments That Are and Are Not Eligible for an E-2 Investor Visa
Eligible Investments | Ineligible Investments |
Investment in an active business | Purchasing only a home or land |
Transferring the entire investment to the company and spending a portion of it | Leaving the money in the bank |
Meaningful investment in the success of the business | Low-capital small businesses |
Active role of the investor | Passive investment, only share ownership |
Investment at risk (expenses incurred) | Protected, fixed-income assets |
E-2 Process and Timing (2025 Data)
The E-2 Investor Visa application process varies depending on where the application is submitted. Therefore, the answer to the question “How long does it take?” depends on where the application is submitted.
Application from Within the US (Status Change)
If you are currently in the US and wish to transition from a different visa status to E-2, a status change application is submitted through USCIS.
- Average processing time: 3-5 months
- Results can be obtained within 15 business days with the Premium Processing service. (2025 fee: $2,805)
- Forms: I-129 (for the investor), I-539 (for family members))
Application from Outside the U.S. (Through the Consulate)
If you are outside the U.S., you must submit your application through the U.S. Consulate or Embassy in your country.
- The process typically takes 4-8 months at locations such as the Istanbul Consulate.
- The interview, document review, and approval process must be carefully conducted.
Each consulate’s procedures may vary. For current processing times, please refer to the relevant consulate’s website.
E-2 Visa Application and Processing Fees 2025
In addition to the investment required for an E-2 visa, there are various legal and processing fees involved in the application process.
Application Fees from Within the US (Change of Status)
Form and Processing | 2025 Fee (USD) |
I-129 (For the investor) | $510 – $1.015 |
I-539 (for family members) | $470 |
Asylum Program Fee | $300 – $600 |
I-907 (Premium Processing – optional) | $2.805 |
Application Fees Outside the U.S. (Consulate)
Process | 2025 Fee (USD)) |
DS-160 Form Processing Fee (E-2) | $315 |
Note: Legal consultation fees are not included in these amounts. Professional support is recommended to ensure the process runs smoothly.
What Rights Do Family Members Have with an E-2 Visa?
The E-2 visa offers many advantages not only to the investor but also to their family.
Spouses:
- They can apply for a work permit using Form I-765.
- After approval, they can work in any job in the US.
Children:
- Children under the age of 21 can legally study in the US with an E-2 investor visa.
- However, they are not eligible to work.
Family Status:
- Family members can apply together with the investor.
- The visa duration is determined based on the investor’s visa duration.
When children turn 21, their investor visa rights expire, and a status change is required.
Visa Duration and Renewal Process
The E-2 visa is a temporary visa; however, it can be renewed indefinitely as long as the business remains active.
- For Turkish citizens, the visa is generally issued for a period of 5 years.
- However, upon each entry into the US, an immigration officer grants a temporary status (I-94) for 2 years.
- If you re-enter before this period expires, your status will be extended.
Renewal Requirements:
- The company must still be active.
- It must show progress in line with its business plan.
- Tax and employee status must be documented.
It is recommended that you apply for renewal at least 3 months before your visa expires.
Options for Transitioning from E-2 to Green Card
The E-2 visa does not directly lead to a Green Card. However, transition is possible through the following routes:
EB-5 Visa:
- Requires a minimum investment of $800,000 and the creation of 10 full-time jobs.
- This is an investor visa that leads directly to a Green Card.
EB-2 NIW (National Interest Waiver):
- Suitable for qualified investors in the national interest.
- Your business must be of strategic importance to the US.
Green Card Through Marriage:
- You can obtain a Green Card by marrying a US citizen or Green Card holder.
Each option has its advantages and disadvantages. It is recommended that you seek professional immigration advice. You can contact us immediately for a free consultation.
What Happens After the E-2 Visa Is Approved?
If you applied from within the US (status change):
- You will receive Form I-797 This indicates that your status has changed to E-2.
- You can start working at your company immediately.
- However, if you leave the U.S., your status will become invalid. In this case, you will need to obtain a visa through the consulate
If you applied from outside the U.S. (Consulate Application):
- An E-2 visa will be stamped in your passport.
- Upon entering the U.S., a Customs and Border Protection (CBP) officer will issue you an I-94 record.
- This document indicates the length of time you may remain in the U.S.
Required Actions:
- If you do not already have a Social Security Number, apply for one.
- Taxes: You will be subject to US tax laws and will begin paying taxes
Types of Businesses Eligible for an E-2 Visa
When applying for an E-2 investor visa, the business to be established or purchased must be sustainable and have the potential to contribute to the US economy.
Eligible Business Types:
- Service Sector: Hair salons, cafes, restaurants, consulting firms
- Franchise Businesses: Agreements with brands such as McDonald’s and Subway
- Commercial Activities: Import/export companies, online e-commerce
- Professional Services: Licensed professions such as law, accounting, and IT consulting
- Manufacturing and Storage: Small-scale manufacturing facilities or distribution centers
The most critical factor is that the business is for-profit, active, and has growth potential.
Can Employees of E-2 Visa Holders Apply?
Yes. Employees who will join the principal investor’s company as managers, specialists, or key personnel may also apply for an E-2 visa.
Requirements:
- The employee must be a citizen of the same country as the investor.
- The job description must be critical to the business.
- The employee’s position must require managerial, supervisory, or technical expertise.
- A verifiable employment relationship must be established.
This situation is particularly common in international businesses for strategic roles.
Frequently Asked Questions (FAQ)
Yes, but not directly. You can transition through EB-5, EB-2 NIW, or marriage.
There is no official lower limit. However, investments over $100,000 are generally considered strong. In the service sector, this amount may be lower. We have cases where we have received approval for investments much lower than this amount for applications within the United States.
No. A certain portion of the investment must have been spent in advance and be at risk.
Yes. However, the franchise agreement, payment documents, and business plan must be clearly presented.
Yes. They can apply for a work permit using Form I-765
Yes. Children under the age of 21 can receive an education with an E-2 investor visa but cannot work.
You can reapply after the consulate denies your application. If you receive an RFE, you must respond in a timely manner.
The E-2 visa obtained through a status change becomes invalid. You must obtain a visa from the consulate. If you obtained your E-2 visa outside the US, you may travel outside the US as you wish. You will not need to reapply for a visa.