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.

By Asim Kilinc, Immigration Attorney at CK Law Firm

When applying for an E-2 visa, applicants have two main options: pursuing the consular process outside the U.S. or filing for a change of status while already in the U.S. These two methods differ significantly in terms of processing time, application requirements, and the visa’s usage. Determining the most suitable route for the E-2 visa depends on the applicant’s specific circumstances. In this article, we detail the differences between the consular process and the change of status procedure:

• What is the Consular Process?
• What is Change of Status Within the U.S.?
• Key Differences Between the Consular Process and Change of Status
• Which Option is More Advantageous?

If you have further questions about the E-2 visa, feel free to leave a comment below, send me a message via LinkedIn, or contact me through the CK Law Firm website.

What is the Consular Process?

The consular process refers to the procedure where the applicant applies for a visa at a U.S. consulate or embassy outside the United States. Key aspects of this process include:

• Application Steps
  • The applicant completes the DS-160 form and submits the required documentation to the U.S. consulate.
  • During the consular interview, the applicant’s investment details, business plan, and purpose of entering the U.S. are evaluated.
• Visa Validity and Usage
  • Upon successful completion of the consular process, the applicant receives an E-2 visa, allowing entry into the U.S.
  • This visa permits multiple entries and exits from the U.S. while valid.
• Timeframe
  • Processing times vary depending on the consulate’s workload, typically ranging from a few weeks to several months.
• Advantages
  • The consular process provides a physical visa stamp, facilitating travel to and from the U.S.
  • It is ideal for applicants applying from outside the U.S.

What is Change of Status Within the U.S.?

Change of status is a procedure where the applicant transitions to E-2 status while already in the U.S. Key points to consider include:

• Application Steps
  • Change of status applications are filed with USCIS (U.S. Citizenship and Immigration Services) using Form I-129.
  • The applicant must submit investment documentation, a business plan, and supporting documents.
• Rights Granted
  • Once approved, the applicant can legally stay in the U.S. and manage their business.
  • However, no physical visa is issued during this process.
• Timeframe
  • Processing times depend on USCIS workload, ranging from 3 to 6 months. Premium processing reduces this to 15 days.
• Limitations
  • Change of status only extends the applicant’s legal stay in the U.S. and does not provide a physical visa stamp.
  • If the applicant leaves the U.S., they must complete the consular process to re-enter.

Key Differences Between the Consular Process and Change of Status

Which Option is More Advantageous?

• Consular Process: Best suited for applicants entering the U.S. from abroad or those who anticipate frequent travel. The visa stamp obtained at the end of the process makes travel easier.
• Change of Status: A faster and simpler option for those already legally present in the U.S. and looking to invest. However, it is not recommended for applicants who plan to travel outside the U.S.

Conclusion

The E-2 visa application process varies depending on the applicant’s circumstances and needs. The consular process offers a physical visa for easier travel, while the change of status is a quicker solution for those already in the U.S. Both options should be carefully evaluated to determine the best fit for individual situations.

At CK Law Firm, we provide professional support at every stage of the E-2 visa application process. To determine which method is right for you and successfully complete your application, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The E-2 visa offers significant opportunities for entrepreneurs who wish to invest in the U.S. and establish a business. However, partnerships may be evaluated differently during the E-2 visa application process. So, can two partners obtain an E-2 visa by investing equally? In this article, we will explain the E-2 visa application requirements for partnerships, how each partner is evaluated, and important considerations during the process:

• E-2 Visa Application Requirements in Partnerships
• Does Each Partner Need to Apply for an E-2 Visa Separately?
• Key Considerations and Common Issues During the Application Process

If you have further questions about the E-2 visa, feel free to leave a comment below, message me directly via LinkedIn, or contact me through the CK Law Firm website.

E-2 Visa Application Requirements in Partnerships

When applying for an E-2 visa, each partner must meet the eligibility criteria individually. If two partners are investing equally, the following conditions apply:

• Sufficient Investment
  Each partner’s investment must be proportional to the size and nature of the business. For example, if the total investment is $200,000, each partner is expected to contribute at least $100,000.
  The investment amount must be sufficient to start and sustain the business.
• Shared Control
  Partners can share control of the business equally. However, each partner must play an active role in managing the business.
  Together, the two partners must own at least 50% of the business. For instance, if a third party holds more than 50%, the E-2 visa application may not be approved.
• Nonimmigrant Status Requirements
  Both partners must demonstrate that their stay in the U.S. is temporary and that they are investing to ensure the profitability of the business.

Does Each Partner Need to Apply for an E-2 Visa Separately?

Each partner must individually apply for an E-2 visa. The application process includes the following requirements for each partner:

• Separate Application Process
  Each partner must individually prove their eligibility for the E-2 visa.
  The personal financial situation, contribution to the business, and role in management are evaluated separately for each partner.
• Management Role and Active Participation
  Each partner must actively participate in managing the business. Passive investors are not eligible for an E-2 visa.
  For example, one partner may oversee financial management while the other handles operational processes.
• Compliance with International Agreements
  Each partner’s country of citizenship must have an E-2 visa treaty with the United States. If one partner is from a non-treaty country, they cannot apply for an E-2 visa.

Key Considerations and Common Issues During the Application Process

• Proportionality of Investment
  If the investment is not proportional to the size of the business, the application may be denied, even if both partners invest equally. It is essential to accurately calculate the required capital for the business.
• Ownership and Control Distribution
  While a 50-50 ownership split is acceptable, control and management rights must be clearly documented.
  Excessive control by third parties may jeopardize the visa application.
• Clarity of Management Roles
  Each partner’s role in the business must be clearly defined and documented in the application. Ambiguity or passive roles in management can lead to visa denial.
• Complete Documentation
  Business plans, financial records, and documents showing each partner’s investment must be thorough and accurate.
  Partnership agreements should be detailed and included in the application.

Conclusion

It is possible for two partners to obtain an E-2 visa by investing equally. However, each partner must individually meet the eligibility criteria, and the investment must be sufficient to support the business. Active involvement in managing the business and contributing to the U.S. economy are critical for a successful application.

At CK Law Firm, we offer comprehensive support to investors planning to apply for an E-2 visa through partnerships. Our expert team helps simplify the application process and increase your chances of success. For professional assistance, detailed information, and consultation services, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Asim Kilinc, Immigration Attorney at CK Law Firm

The E-2 visa is a temporary visa designed for individuals who wish to reside in the United States as investors. Like other nonimmigrant visas, it is subject to specific validity periods. The validity of the E-2 visa depends on international agreements between the applicant’s home country and the U.S. and the investment activities of the visa holder. In this article, we will explore the validity period of the E-2 visa and the factors affecting it in detail:

• Initial Period and First Issuance of the E-2 Visa
• Renewal and Extension of the E-2 Visa
• Factors Influencing the Validity Period

If you have further questions about the E-2 visa, feel free to leave a comment below, send me a message directly via LinkedIn, or contact me through the CK Law Firm website.

Initial Period and First Issuance of the E-2 Visa

The initial period of the E-2 visa is determined by the trade and investment agreements between the applicant’s home country and the United States. Typically:

• Initial Duration: The E-2 visa is generally issued with a validity period of 2 years.
• Maximum Duration: This varies by country. For example, Turkish nationals can receive an E-2 visa with a maximum validity of 5 years.

It’s important to note that this validity period pertains to the visa itself and is different from the 2-year stay granted upon each entry into the U.S. As long as the visa remains valid, the holder may enter the U.S. and stay for up to 2 years per entry.

Renewal and Extension of the E-2 Visa

The E-2 visa can be renewed an unlimited number of times, provided specific conditions are met. During each renewal process, the following criteria must be satisfied:

• Continuity of the Investment
  The business must remain active and contribute to the U.S. economy. If the business ceases operations or becomes unprofitable, the renewal application may be denied.
• Updated Documentation
  Renewal applications must include updated documentation proving that the investment remains valid and the business operates legally. These documents often include financial reports, tax returns, and business plans.
• Timely Application
  Renewal applications must be submitted before the visa’s expiration date. Failure to do so may result in the loss of legal status and the need to leave the U.S.
• Active Management by the Investor
  The investor must continue to play an active role in managing the business. Applications from passive investors are generally not accepted.

Factors Influencing the Validity Period

Several key factors influence the validity period of the E-2 visa:

• Nationality of the Applicant
  The validity period of the E-2 visa varies depending on the applicant’s nationality. For example:
  • Turkish nationals: Up to 5 years.
  • German nationals: Up to 2 years.
• Performance of the Business
  The business’s growth rate, financial success, and contribution to the U.S. economy play a critical role in visa renewals. A failing business may jeopardize the visa holder’s status in the U.S.
• Nonimmigrant Status Requirements
  Since the E-2 visa is a nonimmigrant visa, applicants must demonstrate their intent to remain in the U.S. temporarily. Any indication of plans for permanent residency may complicate the renewal process.
• Consulate and USCIS Decisions
  Decisions made by consular officers or U.S. Citizenship and Immigration Services (USCIS) during the renewal process are significant. Submitted documents are thoroughly reviewed, and the validity of the visa is extended based on these evaluations.

Conclusion

The E-2 visa offers a flexible option for entrepreneurs looking to invest in the U.S. without being limited by a strict timeline. However, attention must be paid to its initial duration, renewal conditions, and validity periods. Any errors in managing these processes can jeopardize an investor’s business plans and legal status in the U.S.

At CK Law Firm, we provide professional support through all stages of the E-2 visa validity and renewal process. To sustain your U.S. investment and navigate the legal process smoothly, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.