By Asim Kilinc, Immigration Attorney at CK Law Firm

In this week’s blog, where I provide information on various visa types, we will be focusing on the E2 Investor Visa—one of the most frequently inquired visas by my clients. In this article, I will try to answer the most common questions asked by the hundreds of clients I have consulted with and the dozens of cases I have prepared regarding the E2 Investor Visa. By the end of this article, you will have answers to the following questions:

• What is an E2 Investor Visa?
• Who Can Apply for an E2 Investor Visa?
• What Are the Requirements to Apply for an E2 Investor Visa?
• How to Apply for an E2 Investor Visa?
• What Can You Expect After Applying for an E2 Investor Visa?

If you have additional questions about the E2 Investor Visa that are not covered in this article, feel free to reach out to me through the comment section below this article, by messaging me directly on LinkedIn, or through the website of CK Law Firm, where I am a co-founder.

What is an E2 Investor Visa?

The E2 Investor Visa is a type of visa that allows individuals who are nationals of certain countries to invest a significant amount of capital in a U.S. business, either by starting a new business or taking over an existing one. This visa allows the investor to reside in the United States and manage their business.

The E2 visa permits the investor and their family members (spouse and children under 21) to live in the United States. However, it is not an immigrant visa, which means it does not directly lead to a Green Card. The duration of the visa can be extended based on the continuity of the investment and the success of the business.

Who Can Apply for an E2 Investor Visa?

Individuals who are nationals of a country that has an E2 visa agreement with the United States and have made a substantial investment in a U.S. business can apply for an E2 Investor Visa. The investor must play an active role in managing the business, and the investment must involve a commercial risk. Additionally, the investment is expected to contribute to the U.S. economy. The source of the investment must be legal, and the business must be actively operational.

What Are the Requirements to Apply for an E2 Investor Visa?

To apply for an E2 Investor Visa, certain conditions must be met. These requirements determine whether the investor and the investment comply with U.S. legal standards:

Requirement 1: Be a National of an E2 Treaty Country

• The applicant must be a national of a country that has an E2 visa agreement with the United States. Countries such as Turkey, Spain, and Russia are included in this agreement.

Requirement 2: Substantial Capital Investment

• The applicant must make a substantial capital investment in a business that will be established or taken over in the U.S. The amount of the investment should be sufficient to ensure the business’s successful operation and sustainability.

Requirement 3: Investment Must Involve Risk

• The investment made by the investor must involve a risk, and the return on the investment should not be guaranteed. In other words, the invested capital must be subject to commercial risk, and the investor must be willing to lose their money if the business fails.

Requirement 4: Active Business Operation

• The business in which the investment is made must be active. Passive investments, real estate investments, or simply holding capital in a bank are not suitable for this type of visa. The business must engage in commercial activities aimed at making a profit.

Requirement 5: Investor Must Manage the Business

• The investor must actively participate in the daily operations of the business. The investor must hold a managerial or specialized position within the business.

Requirement 6: Contribution to the U.S. Economy

• The investor is expected to contribute to the U.S. economy. This is usually achieved by employing American citizens or individuals with legal work permits. The business should create job opportunities not just for the investor and their family but also for the broader community.

Requirement 7: Legal Source of Investment

• The investor must prove that the source of their investment is legal. The funds must have been obtained through legal means and supported by proper documentation.

Requirement 8: Potential for Return on Investment

• The investment made by the investor must have the potential to generate profit. The business must be sustainable and capable of generating profit in the long term.

Requirement 9: Temporary Intent

• The E2 visa is not an immigrant visa; therefore, the applicant must demonstrate their intent to stay in the U.S. temporarily.

Investors who meet these requirements can apply for an E2 Investor Visa, gaining the opportunity to start a business and live in the United States.

How to Apply for an E2 Investor Visa?

Applying for an E2 Investor Visa requires careful planning and proper preparation of documentation. The application process involves several steps, and the applicant must provide detailed information regarding both the U.S. investment and their personal circumstances. Here are the basic steps of the E2 Investor Visa application process:

Prepare a Business Plan

• A detailed business plan must be prepared for the E2 visa application. This plan should include the type of investment, how the business will be managed, marketing strategies, financial projections, and job creation plans. The business plan will be used by the U.S. Consulate or Immigration Office to assess the seriousness and sustainability of your investment.

Make the Investment

• Before applying for an E2 visa, you must have made a significant investment in the U.S. business. This investment should be sufficient for the business to start operations and be sustainable. Documents proving the investment (bank receipts, purchase agreements, contracts, etc.) should be included in the application file.

Gather Necessary Documents

• The following documents are required for the E2 visa application:
  • Passport: You must have a valid passport, and it should remain valid throughout your visa period.
  • DS-160 Form: Non-Immigrant Visa Application Form completed online.
  • DS-156E Form: A form specific to the E2 visa application detailing your investment.
  • Business Plan: A detailed business plan must be prepared.
  • Investment Documents: Documents showing that the investment has been made and involves risk (bank receipts, contracts, purchase agreements, etc.).
  • Business Documents: Incorporation documents, licenses, lease agreements, employment contracts, etc.
  • Financial Documents: Documents showing your personal and business financial status.
  • Biometric Photo: A biometric photo that meets the visa application requirements.

Pay the Application Fee

• Pay the application fee set for the E2 visa. The receipt for this payment should be included in the application file. The fee is paid after completing the DS-160 form.

What to Expect After Applying for an E2 Investor Visa?

After applying for an E2 Investor Visa, you can expect several stages concerning your life and business in the United States, once the application process is completed and the visa is approved.

In conclusion, it is essential to provide accurate information and documents at every stage of the application. Due to the complexity of the process and legal requirements, it may be beneficial to seek support from an immigration attorney. Do not hesitate to contact me through the CK Law Firm website, via email at info@cklawfirm.org, or directly on LinkedIn!

Attorney Asim Kilinc

Attorney Asım Kılınç, a founding partner of CK Law Firm, stands out with his extensive experience and expertise in both international law and the American legal system. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is registered with the Missouri Bar. He specializes in U.S. immigration law, significantly contributing to CK Law Firm’s success in this field with his deep knowledge and experience. Having been involved in the preparation processes of over 1,000 immigration cases, Attorney Kılınç has proven his expertise and provides comprehensive and professional legal support to help his clients adapt to their new lives in the USA.

Strengthening CK Law Firm’s leadership in immigration law, Attorney Kılınç offers reliable and effective legal consultancy services to his clients, accompanying them on their journey to establish a new life in the USA. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting them from the beginning to U.S. citizenship.

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 this 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 this 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 this 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: This 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 this 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.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The E-2 visa is a flexible option that allows investors to live and work in the United States. However, understanding the visa’s validity periods and renewal conditions plays a crucial role in planning your stay in the U.S. In this article, we provide detailed information about the E-2 visa’s validity, renewal requirements, and potential limitations:

• Validity Period of the E-2 Visa
• Conditions for Renewing the E-2 Visa
• Limitations and Considerations in the Renewal Process
• Long-Term Planning with the Renewability of the E-2 Visa

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

Validity Period of the E-2 Visa

The validity of the E-2 visa depends on the treaties between the applicant’s home country and the U.S. Each country has specific maximum validity periods. Generally:

• Initial Period: The visa is initially issued for a validity period of 2 years.
• Maximum Period: For some countries, the total validity can extend up to 5 years.
• Duration of Stay: As long as the visa remains valid, each entry into the U.S. grants an additional 2-year stay.

Investors can file for a renewal before the visa expires, allowing them to continue living in the U.S. This flexibility makes long-term business planning easier for investors.

Conditions for Renewing the E-2 Visa

The E-2 visa can be renewed an unlimited number of times, provided that specific conditions are met. Each renewal application must demonstrate the following:

• Sustained Investment
  Applicants must prove that their investment remains active and profitable. Documentation must show that the business contributes to the U.S. economy and continues its commercial activities.
• Contribution to the U.S. Economy
  The business must continue to create jobs or provide economic benefits to the U.S. Key factors such as employee count and business growth rates are critical in renewal applications.
• Active Role of the Investor
  Investors must demonstrate active involvement in the daily management or strategic decision-making of the business. Applications from passive investors are not accepted.
• Intent to Maintain Current Status
  The applicant must confirm that they do not intend to change their status to a different visa or residency type. This ensures the E-2 visa remains a temporary status.

Limitations and Considerations in the Renewal Process

While the E-2 visa is renewable, applicants should be aware of potential challenges during the renewal process:

• Investment Size and Profitability
  Renewal applications may be denied if the business is not sufficiently large or profitable. Detailed financial statements and growth metrics should be carefully prepared.
• Incomplete Documentation
  Missing or incorrect information in the renewal application can lead to denial. All documents proving the legitimacy of the investment must be complete.
• Expiration of Visa Validity
  Applicants must submit their renewal applications before the visa’s expiration date. Delays can result in the loss of legal status.
• Consulate and USCIS Review Process
  Both consulates and USCIS conduct thorough reviews of every application. New assessments may occur during the renewal process, making accurate and complete documentation crucial.

Long-Term Planning with the Renewability of the E-2 Visa

The E-2 visa enables investors to achieve long-term business goals in the U.S. Its unlimited renewability offers a significant advantage over other nonimmigrant visa types. However, professional support is essential to ensure the visa’s sustainability.

At CK Law Firm, we proactively identify challenges that may arise during the E-2 visa renewal process and provide comprehensive services to ensure a smooth experience. Reach out to us to maintain your business success in the U.S.

For professional support, detailed information, and consulting 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.