E-2 Visa: CK Law Firm Attorney Ergül Çeliksoy Answers Frequently Asked Questions on Ekşi Sözlük

CK Law Firm content editor Özlem Kara sat down with Ergül Çeliksoy, a founding partner of CK Law Firm and an expert in E-2 visas, to address the most frequently asked questions on Ekşi Sözlük regarding E-2 visas. We thank Ergül Çeliksoy for this insightful and enjoyable interview.

By reading this blog, you will find answers to the following questions:

• What is the E-2 Investor Visa?
• Who Can Apply for the E-2 Investor Visa?
• What Documents Are Required for the E-2 Visa?
• Requirements for the E-2 Visa
• E-2 Visa Application Process

What is the E-2 Investor Visa?

The E-2 Investor Visa allows citizens of treaty countries to establish or purchase a business in the United States by making a significant investment. This visa enables investors to live in the U.S. and manage their businesses.

The E-2 visa also allows family members (spouse and children under 21) to reside in the United States. However, it is not an immigrant visa, meaning it does not directly lead to a Green Card. The visa duration can be extended based on the continuity and success of the business.

Who Can Apply for the E-2 Investor Visa?

Individuals who meet the following criteria can apply for the E-2 Investor Visa:

• Must be a citizen of a country that has an E-2 visa treaty with the United States.
• Must invest a significant amount of capital in a U.S. business.
• The investor must actively manage and control the business operations.
• The investment must carry commercial risk and contribute to the U.S. economy.
• The investment source must be legal, and the business must be operational.

What Documents Are Required for the E-2 Visa?

To apply for the E-2 Visa, the following documents must be carefully prepared:

1. Passport
2. DS-160 Application Form
3. Photo
4. E-2 Business Plan
5. Proof of Investment
6. Business-Related Documents
7. Employee Documentation
8. Previous Business Experience Records
9. Intent to Return Documentation

Requirements for the E-2 Visa

1. Qualified Investor Status
   The applicant must be a national of a country that has a treaty of commerce with the United States.
2. Significant Capital Investment
   The investment must be substantial and sufficient to make the business operational and sustainable. The investment must be at risk and actively used in business operations.
3. Active Business Management
   The investor must actively manage the business operations. Passive investments do not qualify for the E-2 visa.
4. Genuine and Commercially Viable Investment
   The business must be a real, active, and operating enterprise that generates income and contributes to the U.S. economy.
5. Business Sustainability and Plan
   The investment must create employment opportunities for U.S. citizens or Green Card holders. A detailed business plan is essential to demonstrate the business’s long-term viability.
6. Irrevocable Investment
   The investment must not be speculative and must be subject to financial risk.
7. Temporary Stay
   The E-2 visa is a non-immigrant visa, but it can be renewed as long as the business remains operational.
8. Family Members
   Spouses and children under 21 of the E-2 visa holder can accompany the investor. Spouses can work, and children can attend school.

E-2 Visa Application Process

1. Preparing the Business Plan
   A comprehensive business plan must be created to outline the investment details, business operations, and sustainability.
2. Compiling the Required Documents
   All necessary documents, including financial details, proof of investment, and active management involvement, must be prepared meticulously.
3. Consular Interview
   Applicants must attend an interview at the U.S. Consulate to explain their business plan and investment.
4. Visa Approval and Entry to the U.S.
   Once approved, the investor can enter the U.S. to start or take over the business.

Closing Notes from Ergül Çeliksoy

The E-2 visa offers a unique opportunity for investors who wish to establish or manage businesses in the U.S. However, thorough preparation, a solid business plan, and active business involvement are essential for success. For questions regarding E-2 eligibility and documentation, you can visit cklawfirm.org, email us at info@cklawfirm.org, or reach me directly on LinkedIn.