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E-2 Visa Turkey
Turkish nationals have the opportunity to secure an E-2 Visa and expand their business ventures in the United States.
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The Treaty Investor (E-2) visa is for an applicant whose purpose for entering the U.S. is solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing, a substantial amount of capital in a bona fide enterprise. To determine whether the investment is “substantial” the Department of State employs a relative- proportionality test. Generally speaking, the lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered substantial. For example, if the total investment is $100,000 or less, the E-2 investor should provide 100% of the investment.
The applicant’s funds must be “at risk.” This means that the capital must be subjected to partial or total loss if investment fortunes reverse. Applicants, however, are able to place funds in escrow pending the approval of the E classification provided that there is a legal mechanism that irrevocably commits funds if the application is approved.
Key Specific Requirements of E-2 Visas
Besides the requirement of being a citizen of Turkey, among the key specific requirements of E-2 visas for Turkish nationals are the following:
- The Turkish national must come to the United States “solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing.” For these purposes, “solely to develop and direct” means that the Turkish national must establish that he or she controls the enterprise by demonstrating ownership of at least 50 percent of the enterprise, by possessing operational control through a managerial position or other corporate devices, or by other means.
- The Turkish national must be in possession of and have control over the capital invested or being invested. The capital must be subject to partial or total loss if investment fortunes reverse.
- Capital in the process of being invested or that has been invested must be irrevocably committed to the enterprise.
- The investment must be in a bona fide enterprise in the United States, which must be a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit.
- The investment cannot be in a marginal enterprise, which is an enterprise that does not have the present or future capacity to generate more than enough income to provide a minimal living for the Turkish national and his or her family.
- The Turkish national must intend to depart the United States upon the expiration or termination of E-2 visa status. This point means that the E-2 visa is a “nonimmigrant visa” and does not grant a permanent right to stay in the country. Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 nonimmigrant may be granted. An E-2 nonimmigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States.
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