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Asım Kılınç, Immigration Attorney, CK Law Firm
The EB-2 visa is one of the most popular immigration pathways for highly skilled professionals, those with advanced degrees, and individuals demonstrating exceptional abilities in fields like science, business, or the arts. However, despite its appeal, the approval process for EB-2 petitions, particularly those with a National Interest Waiver (NIW), can be complex and subject to significant scrutiny. In this blog, we’ll explore what influences EB-2 approval rates, the challenges applicants face, and how to maximize your chances of success.
Below are the key topics we will cover:
- What is EB-2 and Who Qualifies?
- Key Factors Influencing EB-2 Approval Rates
- Trends in EB-2 Approval Rates
- What Can You Do to Improve Your Chances?
If you have any additional questions or concerns outside the scope of these topics, feel free to reach out via our website. For more personalized inquiries, don’t hesitate to connect with me on LinkedIn. Enjoy reading!
What is EB-2 and Who Qualifies?
The EB-2 visa is an employment-based green card category for foreign nationals who:
- Have an advanced degree (beyond a baccalaureate degree), or
- Possess exceptional ability in their field (e.g., sciences, arts, business).
One of the advantages of the EB-2 category is its relatively faster processing time compared to other employment-based green cards, such as EB-3. However, the application process is competitive and requires applicants to meet specific eligibility standards. For those applying under the National Interest Waiver (NIW), applicants do not need a job offer, but they must prove that their work is of significant benefit to the United States.
Key Factors Influencing EB-2 Approval Rates
- Strong Evidence of Qualifications: One of the key factors in determining your EB-2 approval rate is the strength of your qualifications. For standard EB-2 applicants, you need to provide proof of your advanced degree or exceptional ability in your field. If you are applying under the EB-2 NIW, you must present evidence that your work is of national importance and will benefit the U.S. in a significant way.
- Complete and Well-Documented Application: An incomplete or poorly documented application can lower your chances of approval. It’s crucial to provide all required documentation, including academic records, letters of recommendation, proof of exceptional ability, and any other relevant supporting materials.
- Strong Legal Representation: Hiring experienced immigration attorneys who understand the intricacies of the EB-2 process can improve your approval odds. Skilled lawyers can help prepare a compelling case, address potential challenges, and guide you through the complex application process.
- Petition Type (EB-2 vs. EB-2 NIW): While both visa types are part of the EB-2 category, the approval rates for the EB-2 NIW can differ due to the nature of the petition. The EB-2 standard visa requires a job offer and labor certification, while the EB-2 NIW offers flexibility but comes with a higher burden of proof to demonstrate national interest.
Trends in EB-2 Approval Rates
Approval rates for EB-2 petitions, particularly those under the NIW subcategory, have been subject to shifts due to increasing competition and changes in how USCIS evaluates applications. Historically, the EB-2 has had a relatively higher approval rate compared to other visa categories. However, recent data indicates that the approval rate for both regular EB-2 and NIW petitions has declined slightly in recent years.
In FY 2024, the USCIS has focused on more stringent review processes, leading to higher rejection rates for cases with weak evidence or unclear arguments about national interest. This trend underlines the need for applicants to submit robust and well-documented petitions that fully meet the visa criteria.
What Can You Do to Improve Your Chances?
If you’re applying for an EB-2 visa, here are a few steps you can take to improve your chances of success:
1. Thoroughly Document Your Case
The foundation of a successful EB-2 application is comprehensive and well-organized documentation. Whether applying under the advanced degree or exceptional ability category, you need to present clear and convincing evidence of your qualifications. If you are applying under the NIW, ensure you can articulate exactly how your work benefits the U.S. national interest.
2. Seek Professional Guidance
Given the complexities of the EB-2 process, working with an immigration attorney or professional who specializes in employment-based visas is highly recommended. An experienced attorney can help you navigate the application process, ensuring that all documentation is in order and presenting your case in the best possible light.
3. Prepare a Strong National Interest Case
For NIW applicants, your case for national interest must be solid. Be prepared to demonstrate how your work will positively impact U.S. interests, such as improving healthcare, advancing scientific research, or contributing to the national economy. Strong letters of recommendation from respected experts in your field can also strengthen your case.
4. Stay Updated on USCIS Trends
USCIS approval rates can change year by year, and staying informed about trends in immigration policy and processing times is key. By being aware of current statistics and adjusting your petition accordingly, you can better align your application with USCIS expectations.
The EB-2 visa remains a vital immigration path for highly skilled professionals, but approval rates can fluctuate due to stricter scrutiny by USCIS. To maximize your chances of success, it is essential to submit a well-documented petition, particularly if applying under the National Interest Waiver. By understanding the factors that influence EB-2 approval rates and preparing a strong case, you can significantly improve your chances of obtaining a U.S. green card.
For additional support or personalized assistance, feel free to reach out via the CK Law Firm official website, or connect with me on LinkedIn for more personalized guidance.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB-2 National Interest Waiver (NIW) is a significant opportunity for individuals with advanced degrees or exceptional abilities to obtain permanent residency in the United States. Unlike other employment-based visas, the NIW allows applicants to bypass the labor certification process if they can demonstrate that their work is in the national interest. Central to this process is the “Three-Prong Test” established by the 2016 Matter of Dhanasar decision. Here are the topics I will cover in our blog:
- What is the EB-2 National Interest Waiver (NIW)?
- Understanding the Three-Prong Test
- Key Strategies for a Successful EB-2 NIW Petition
- Why the Three-Prong Test Matters
While answering these questions, I will also cover the related sub-headings of interest. However, as with any visa application, you can visit the official website of CK Law Firm for professional support with your E2 visa application. Additionally, feel free to connect with me anytime via my LinkedIn account.
What is the EB-2 National Interest Waiver (NIW)?
The EB-2 NIW is part of the employment-based second preference (EB-2) visa category. It provides a pathway for individuals to self-petition for a green card without needing a specific job offer or employer sponsorship. The key requirement is proving that waiving the job offer and labor certification is in the best interest of the United States.
To qualify, applicants must pass the EB-2 NIW Three Prongs Test, which assesses the merit and national importance of their proposed work.
Understanding the Three-Prong Test
The EB-2 NIW Three Prongs Test is the core evaluation framework used by the United States Citizenship and Immigration Services (USCIS) to assess EB-2 NIW petitions. Introduced in the Matter of Dhanasar case in 2016, this test outlines three critical criteria that applicants must meet to qualify for a National Interest Waiver. Each prong is designed to determine whether the applicant’s work is valuable enough to bypass the standard labor certification process. Let’s break down each prong in detail.
1. Substantial Merit and National Importance
Applicants must show that their proposed endeavor has significant value and benefits the United States. This can apply to a wide range of fields, including:
- Science and technology
- Business and entrepreneurship
- Health and medicine
- Culture and education
The endeavor should go beyond local or regional impacts and demonstrate a broader national benefit.
Example: A researcher working on renewable energy technologies that reduce carbon emissions and enhance energy independence.
2. Well-Positioned to Advance the Proposed Endeavor
The applicant must prove they have the skills, experience, and resources to advance their proposed work successfully. Evidence for this prong may include:
- Educational qualifications
- Professional achievements
- Relevant work experience
- Letters of recommendation
- A detailed plan outlining how the work will be carried out
Example: An entrepreneur with a track record of successful startups proposing to develop a new cybersecurity platform addressing national security concerns.
3. The Benefit of Waiving the Job Offer and Labor Certification
The final prong requires demonstrating that it would be in the United States’ best interest to waive the usual job offer and labor certification requirements. This could apply if the applicant’s work is so valuable or urgent that the traditional hiring process would hinder its progress.
Example: A public health expert developing innovative solutions to combat infectious diseases, where the immediacy and importance of the work make a job offer impractical.
Key Strategies for a Successful EB-2 NIW Petition
- Provide Comprehensive Evidence: Support each prong with strong documentation, including publications, awards, and expert letters.
- Highlight National Impact: Emphasize how the endeavor benefits the country as a whole.
- Demonstrate Unique Qualifications: Showcase the applicant’s distinctive skills and their ability to drive meaningful progress.
Why the Three-Prong Test Matters
Successfully meeting the Three-Prong Test criteria allows applicants to bypass the labor certification process, reducing delays and providing more autonomy in shaping their professional path. By carefully preparing evidence and articulating the national importance of their work, applicants can strengthen their case for an EB-2 NIW approval.
If you are considering applying for an EB-2 NIW, understanding the Three-Prong Test is crucial. With thorough preparation and clear documentation, you can make a compelling case for why your work serves the national interest and deserves a waiver of traditional employment-based requirements.
If you want to navigate the complexities of the EB-2 NIW process smoothly and increase your chances of approval, feel free to contact us via the official website of CK Law Firm. You can also reach out to me directly on my LinkedIn account for personalized assistance and further guidance.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In the U.S., individuals dependent on a specific visa type may face risks of job loss due to employer changes, economic hardships, or other reasons. To address such challenges, the Compelling Circumstances Employment Authorization Document (EAD) provides a legal work authorization solution. This document is particularly designed for individuals in the Green Card process but awaiting a final decision. In this article, we’ll address the following key questions:
- What is the Purpose of the Compelling Circumstances EAD?
- How Does the Application Process Work?
- Who is Eligible to Apply?
- What Are the Benefits of the Compelling Circumstances EAD?
If you have additional questions, feel free to reach out via the comments section below this article, through LinkedIn, or directly via the CK Law Firm website!
What is the Purpose of the Compelling Circumstances EAD?
The Compelling Circumstances EAD aims to assist individuals tied to a specific employer through their visa status in overcoming financial and personal hardships in case of job loss. The U.S. Citizenship and Immigration Services (USCIS) evaluates applications based on the following criteria:
- Economic Impact: The financial consequences of unemployment on the applicant and their family.
- Social Impact: Potential negative effects on U.S. employers, clients, or the community due to the lack of work authorization.
- Immigration Compliance: The applicant’s adherence to past immigration and work authorization requirements.
This authorization is particularly crucial for individuals whose Green Card petitions (I-140) have been approved but are waiting for a visa number. It also provides a temporary solution for those holding employer-sponsored visas such as H-1B or L-1, who are at risk of losing their jobs.
How Does the Application Process Work?
Applying for a Compelling Circumstances EAD involves specific steps:
- Completing Form I-765: This is the primary form required by USCIS for work authorization.
- Providing Supporting Evidence: Documents proving compelling circumstances (e.g., job loss, health issues, financial hardships).
- Submitting Immigration Status Documentation: Approval notice of I-140, proof of current visa status, and any relevant employment agreements.
Once the application is submitted, USCIS conducts a thorough review of the applicant’s circumstances. Each application is evaluated on its merits, taking into account the unique details of the applicant’s case.
Who is Eligible to Apply?
The Compelling Circumstances EAD is available to individuals meeting specific criteria:
- Green Card Applicants: Those with approved I-140 forms but waiting for visa availability.
- H-1B or L-1 Visa Holders: Individuals who have separated from their employers and are seeking new job opportunities.
- Non-Immigrant Visa Holders: Individuals whose current visas are nearing expiration but can demonstrate compelling circumstances.
Approval rates depend on the strength of supporting evidence and the severity of the circumstances. USCIS also considers the applicant’s prior compliance with immigration laws.
What Are the Benefits of the Compelling Circumstances EAD?
- Temporary Solution: Provides work authorization while waiting for a visa number.
- Flexibility: Eliminates dependency on a single employer and opens new job opportunities.
- Support for the Immigration Process: Ensures uninterrupted progress in the Green Card application process.
Conclusion
Applying for a Compelling Circumstances EAD can be a complex process. Since each case is unique, working with an immigration attorney can significantly increase the chances of a successful application. For professional assistance, detailed information, or consultation services, feel free to contact us at cklawfirm.org, info@cklawfirm.org, or via 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.
Asım Kılınç, Immigration Attorney, CK Law Firm
Navigating the U.S. immigration process can be complex especially when deciding between the EB-2 vs. EB-2 NIW visa. Both visas fall under the employment-based second preference category but they differ significantly in eligibility, application process, and benefits. This guide will break down the essential differences to help you determine which visa is right for you.
Below are the key topics we will cover:
- What Is the EB-2 Visa?
- Key Differences Between EB-2 and EB-2 NIW Visas
- Who Qualifies for an EB-2 Visa?
- Who Is Eligible for the EB-2 NIW Visa?
- Advantages and Disadvantages of EB-2 and EB-2 NIW Visas
- Which Visa Is Right for You: EB-2 or EB-2 NIW?
If you have any additional questions or concerns outside the scope of these topics, feel free to reach out via our website. For more personalized inquiries, you can always connect with me on LinkedIn. Enjoy the read!
What is the EB-2 Visa?
The EB-2 visa is an employment-based immigrant visa for professionals with exceptional abilities or advanced degrees. It requires sponsorship from a U.S. employer and a labor certification process (PERM) to demonstrate that no qualified U.S. workers are available for the job.
Key Criteria for EB-2 Visa:
- Advanced Degree: Master’s degree or higher (or a bachelor’s degree plus five years of progressive experience).
- Exceptional Ability: Significant expertise in sciences, arts, or business with documented evidence.
- Labor Certification: Employer must complete the PERM process to prove no suitable U.S. workers are available.
What is the EB-2 NIW (National Interest Waiver) Visa?
The EB-2 NIW visa is a special category under the EB-2 classification that allows applicants to bypass the labor certification process if their work is deemed to be in the “national interest” of the United States. This visa type does not require employer sponsorship.
Key Criteria for EB-2 NIW Visa:
- National Interest: The applicant’s work must have substantial merit and national importance.
- Waiver Justification: The applicant must demonstrate that waiving the labor certification would benefit the U.S.
- Self-Petition: Applicants can apply without employer sponsorship.
Key Differences Between EB-2 and EB-2 NIW Visas
| Feature | EB-2 Visa | EB-2 NIW Visa |
|---|---|---|
| Labor Certification | Required (PERM process) | Not required (waived due to national interest) |
| Employer Sponsorship | Mandatory | Not required (self-petition allowed) |
| Eligibility | Advanced degree or exceptional ability | Work of substantial merit and national importance |
| Processing Time | Longer due to PERM review | Generally faster without labor certification |
| Flexibility | Tied to employer | Greater freedom to change jobs |
Labor Certification Process (PERM): The EB-2 visa requires a labor certification (PERM) where the U.S. employer proves there are no qualified U.S. workers for the position. The EB-2 NIW visa does not require this, which can significantly speed up the process.
Eligibility Criteria: While both visas require advanced qualifications, the EB-2 NIW requires the applicant to show that their work is in the national interest, a criterion that does not apply to the standard EB-2 visa.
Processing Time Comparison: The EB-2 visa process can be longer due to the labor certification requirement, whereas EB-2 NIW may be processed faster since this step is waived.
Who Qualifies for an EB-2 Visa?
You may qualify for an EB-2 visa if you meet one of the following criteria:
- You hold an advanced degree (master’s or higher) or a bachelor’s degree with five years of progressive experience.
- You possess exceptional ability in the sciences, arts, or business, demonstrated through consistent recognition and expertise.
Who Is Eligible for the EB-2 NIW Visa?
To qualify for an EB-2 NIW visa, you must:
- Demonstrate that your work is of substantial merit and national importance.
- Show that you are well-positioned to advance your work.
- Prove that waiving the labor certification requirement is beneficial to the U.S.
Advantages and Disadvantages of EB-2 and EB-2 NIW Visas
When considering whether to apply for an EB-2 or an EB-2 NIW visa, it is crucial to weigh the advantages and disadvantages of each option. Both visas provide a path to U.S. permanent residency but have distinct requirements and benefits. Understanding these pros and cons will help you decide which route aligns better with your professional goals and immigration circumstances.
| Feature | EB-2 Visa | EB-2 NIW Visa |
| Advantages | – Clear criteria with employer support. – Suitable for professionals with a strong employer sponsor. | – No employer sponsorship required (self-petition possible). – Faster process due to waived labor certification.- Greater career flexibility. |
| Disadvantages | – Requires labor certification (lengthy and complex). – Limits job flexibility due to employer sponsorship. | – Higher burden of proof (national interest requirement). – Requires substantial evidence to justify the waiver. |
Which Visa Is Right for You: EB-2 or EB-2 NIW
Deciding between the EB-2 vs. EB-2 NIW visas depends on your specific qualifications, career goals, and whether you have an employer willing to sponsor you. Both visas offer a path to U.S. permanent residency, but they differ in terms of requirements and benefits. Below are the factors to consider when choosing the right option for you.
Choose EB-2 Visa If:
- You have a U.S. employer willing to sponsor you.
- You meet the advanced degree or exceptional ability criteria.
Choose EB-2 NIW Visa If:
- Your work has substantial merit and national importance.
- You prefer to self-petition without employer sponsorship.
- You seek greater job flexibility.
Final Thoughts: Choosing Between EB-2 and EB-2 NIW
Both the EB-2 visa and the EB-2 NIW visa offer pathways to U.S. permanent residency for qualified professionals. The right choice depends on your qualifications, employer sponsorship availability, and whether your work serves the national interest. Understanding the differences and meeting the eligibility requirements is crucial for a successful application. If you’re unsure which visa fits your situation, consulting with an immigration attorney can provide personalized guidance and improve your chances of success.
If you’re considering the EB-2 vs. EB-2 NIW visa as a pathway to U.S. permanent residency and eventually citizenship, understanding the key distinctions between these visa categories is crucial. This article outlines the eligibility, application process, and pros and cons of both options to help you make an informed decision. With careful planning and a well-prepared application, you can increase your chances of success. For additional support, you can reach out to CK Law Firm official website, or connect with me on LinkedIn for more personalized guidance.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The E2 Visa is designed for entrepreneurs who wish to start a business or invest in an existing company within the United States. By meeting specific criteria, these investors and business owners can relocate their careers and lifestyles to the U.S. under the E2 program. Due to a bilateral treaty between the U.S. and various countries, including Türkiye, certain nationals are eligible to apply for an E2 Investor Visa. In this guide, we’ll explore the following topics with E2 visa application process:
- Overview of the E2 Visa
- Who Is Eligible to Apply for an E2 Visa?
- How Does the E2 Visa Application Process Work?
- What Rights Does the E2 Visa Offer in the United States?
- Is It Possible to Transition from an E2 Visa to a Green Card?
- Frequently Asked Questions
These highlights form our comprehensive look at the E2 Visa application process. If you have any additional questions related to the E2 Visa, feel free to reach out through our official website. For more personalized inquiries, you’re also welcome to connect with me on LinkedIn.
Overview of the E2 Visa
E2 is classified as a non-immigrant status, yet it grants you the opportunity to live in the United States for a set period and establish your own business. In other words, if you’ve always envisioned starting a new venture—or acquiring an existing one—in the U.S., the E2 Investor Visa can make that dream a reality. This visa allows you to invest in the American market, manage your enterprise, and even relocate with your family for a fresh start in the U.S.
Imagine opening a restaurant or purchasing a thriving business while seamlessly transitioning your life overseas. Sounds exciting, right? To turn that excitement into reality, it’s crucial to navigate your E2 Visa application carefully and ensure you meet all the eligibility requirements. Let’s explore whether you qualify for this opportunity.
Who Is Eligible to Apply for an E2 Visa?
Wondering “Who can apply for an E2 Visa?” The first step is determining whether your nationality is on the list of countries that hold a commercial treaty with the United States. Not all nationalities qualify for the E2 Visa, so verifying your eligibility is essential. To learn more about which citizens can apply, you can consult the official U.S. Department of State resources or our dedicated article on Can You Obtain U.S. Citizenship Through an E2 Visa?
However, merely having the correct citizenship isn’t enough. To submit a successful E2 Visa application, you’ll also need sufficient capital and a viable business model capable of generating revenue and employment opportunities. This could range from a local café to a tech startup, as long as your funds are invested in an “active” and “at-risk” venture, rather than a passive endeavor like real estate purchases for personal use.
How Does the E2 Visa Application Process Work?
The E2 Visa Application Process involves a series of steps that must be followed diligently. Below is an overview to guide you along your path:
- Preparation and Planning
- Decide which industry you intend to pursue.
- Determine how much capital you’re willing to invest.
- Develop a comprehensive business plan.
- Establishing or Acquiring a Business
- You may start a brand-new company or purchase an existing business.
- The key requirement is an active investment, meaning funds must be at risk and directed toward a functioning enterprise (passive investments in real estate, for example, do not qualify).
- Gathering Application Documents
- Prepare financial records, a valid passport, your business plan, company documentation, and all other relevant paperwork.
- Consulting with an E2 Visa attorney can streamline the application process, helping you submit a precise and well-organized file.
- Consular Processing
- After compiling all documentation, you submit your application to the appropriate U.S. Consulate or the USCIS (U.S. Citizenship and Immigration Services).
- You then schedule an E2 Investor Visa Interview, where you’ll discuss the authenticity of your investment and the potential benefits it brings to the U.S. economy.
- Outcome and Approval
- A successful E2 Visa application grants you the opportunity to embark on a new chapter in the United States.
- If your application is denied, you have the option to address the deficiencies and reapply, potentially improving your chances of approval on a subsequent attempt.
What Rights Does the E2 Visa Offer in the United States?
Now for the exciting part: what benefits do you gain once you enter the United States on an E2 Visa?
- Freedom to Manage Your Business: By investing in your own enterprise, you can actively oversee its operations and take full advantage of business opportunities across the U.S. market.
- Bring Your Family Along: Your spouse is eligible to apply for work authorization, and any unmarried children under the age of 21 can enroll in U.S. schools. It’s a chance for your family to explore a new culture and lifestyle together.
- Unlimited Entry and Exit: As long as your E2 Visa remains valid, you can travel to and from the United States whenever you need. This flexibility allows you to keep up with responsibilities in your home country while still managing your U.S.-based business.
Of course, retaining these privileges depends on keeping your investment active and proving that your business continues to operate productively. Remember, demonstrating your ongoing contribution to the U.S. economy is essential at every stage.
Is It Possible to Transition from an E2 Visa to a Green Card?
E2 is classified as a non-immigrant visa status, which means it does not automatically grant you a Green Card. Does that mean obtaining permanent residency is off the table? Not at all. Here are two alternative paths:
- EB-5 Investor Program: If you have the capacity to increase your capital to a higher threshold (typically USD 800,000 or USD 1,050,000, depending on the region) and meet specific job creation requirements, you may be eligible to apply for a Green Card through the EB-5 program.
- Other Visa Categories: Employer sponsorship (EB-2, EB-3, etc.) or family-based petitions can also offer long-term “permanent residence” solutions, depending on your qualifications and personal circumstances.
Each of these pathways has distinct prerequisites and procedures, so creating a well-informed strategy—often with professional guidance—can significantly simplify your journey.
Frequently Asked Questions
1. How Long Is the E2 Visa Valid?
The duration generally depends on the treaty agreement between the United States and your home country. In many cases, it can be valid for up to five years. As long as your investment remains active, you can apply for extensions repeatedly.
2. What About My Family?
If you hold an E2 Investor Visa, your spouse can apply for work authorization and your children can attend U.S. schools—often with reduced or no tuition costs if they enroll in public institutions.
3. Can I Reapply If My Visa Is Denied?
Absolutely. You can correct the issues that led to the denial and submit a new application. It’s generally advised to seek professional guidance during your initial E2 Visa process to boost your chances of approval.
4. Can I Work for Another Employer Under the E2 Visa?
The E2 Visa only permits you to work for the business in which you’ve invested or have ownership. However, your spouse is free to work in any qualifying position once they secure the appropriate work authorization.
5. How Much Capital Do I Need?
While there is no fixed minimum amount, your investment must be considered “substantial,” meaning it should be large enough to ensure the viability of the enterprise. Most applicants invest at least USD 100,000 or more, as this level of funding is commonly viewed more favorably.
The E2 Visa offers an exciting opportunity to turn your aspirations in the United States into reality. We’ve covered the key aspects in this E2 Visa application guide, but remember you’re always welcome to reach out through the CK Law official website for further assistance. If you’d like a more personalized discussion, feel free to connect with me on LinkedIn at any time.
Asım Kılınç, Immigration Attorney, CK Law Firm
Many international investors turn their entrepreneurial dreams into reality by launching a business in the United States under the E2 Investor Visa program. However, one of the most frequently asked questions we encounter is: “Can I obtain U.S. citizenship through the E2 Visa?” In this article, we aim to clarify this question and provide an overview of the E2 Visa’s essential details. By the end of this post, we hope to clear up any lingering confusion regarding your path to living and working in the U.S.
Below are the key topics we will cover:
- What Is the E2 Investor Visa and What Does It Offer?
- E2 Visa and U.S. Citizenship: Is Direct Citizenship Possible?
- Entering and Exiting the U.S.: Does the E2 Visa Offer Flexibility?
- Which Countries Qualify for the E2 Visa?
- How Long Is an E2 Visa Valid and How Can You Extend It?
- How to Select the Right Business for an E2 Visa Application?
- How Long Does It Take to Obtain an E2 Visa?
If you have any additional questions or concerns outside the scope of these topics, feel free to reach out via our website. For more personalized inquiries, you can always connect with me on LinkedIn. Enjoy the read!
What Is the E2 Investor Visa and What Does It Offer?
The E2 Investor Visa is a non-immigrant visa that allows citizens of certain treaty countries to establish a new business or invest in an existing venture in the United States. Turkey is one of the many nations with a qualifying treaty, giving its citizens the opportunity to apply for an E2 Visa by making a substantial investment and presenting a solid, sustainable business plan.
Below are some key benefits the E2 Visa offers:
- Family Inclusion: Your spouse and any children under 21 can live, study, and (in the case of your spouse) work in the U.S.
- Unlimited Entries: As long as your E2 Visa remains valid, you can enter and exit the United States whenever you need.
- Long-Term Business Opportunities: You can continue to live and work in the U.S. through your E2 Visa as long as your business remains viable and profitable.
These advantages make the E2 Visa an attractive pathway for entrepreneurs eager to launch or grow their businesses in the U.S. The critical question, however, is whether this visa paves the way toward permanent residency (Green Card) or U.S. citizenship.
E2 Visa and U.S. Citizenship: Is Direct Citizenship Possible?
An E2 Visa does not directly lead to a Green Card or U.S. citizenship. In other words, the answer to the question, “Can I become a U.S. citizen through the E2 Visa?” is “No, not directly.” However, there is an indirect pathway you can pursue:
- A Comprehensive Strategy: If you expand your business in the United States and contribute significantly to the economy, you could become eligible for other investment-based visas such as the EB-5. In essence, this involves changing your immigration status.
- Status Adjustment: If the business you established under the E2 Visa continues to generate revenue and create jobs, you may qualify to shift to a different visa category that grants permanent residence (Green Card).
Ultimately, an E2 Visa can serve as a stepping stone to U.S. citizenship, provided you craft a personalized plan and follow a detailed roadmap. For instance, starting with an E2 investment, growing your venture, and creating job opportunities can pave the way to applying for an EB-5 Visa. After you secure a Green Card, you may eventually progress to U.S. citizenship.
Entering and Exiting the U.S.: Does the E2 Visa Offer Flexibility?
Another common question concerns the ease of traveling in and out of the U.S. under the E2 Visa. The good news is that the E2 Visa permits you to enter or leave the United States as often as your business needs dictate.
Each time you re-enter the country, you will need to show the U.S. Customs and Border Protection officer that your primary purpose is to manage your U.S. business. Because the E2 Visa is categorized as a non-immigrant visa, you must demonstrate that you do not intend to remain in the United States permanently. Providing clear evidence of your ongoing business operations typically ensures a smooth entry and exit process.
Which Countries Qualify for the E2 Visa?
As mentioned, the E2 Visa is available to citizens of countries that maintain a bilateral treaty of commerce or navigation with the United States. Turkey is one of these nations, but there is a long list of other eligible countries as well. If you do not hold Turkish citizenship and wish to apply for an E2 Visa, here is a more detailed overview of eligible countries. Please note that the duration of the visa can vary from a few months to several years based on each country’s specific treaty terms.
- Argentina
- Armenia
- Austria
- Belgium
- Bulgaria
- Canada
- Chile
- Colombia
- Costa Rica
- Croatia
- Czech Republic
- Denmark
- Estonia
- France
- Germany
- Grenada
- Honduras
- Ireland
- Italy
- Jamaica
- Japan
- Latvia
- Luxembourg
- North Macedonia
- Morocco
- Netherlands
- New Zealand
- Norway
- Pakistan
- Panama
- Paraguay
- Philippines
- Romania
- Slovenia
- South Korea
- Spain
- Suriname
- Taiwan
- Tunisia
- Turkey
- United Kingdom
Some countries have specific visa validity periods:
- Albania – 3 years
- Australia – 4 years
- Finland – 2 years
- Mongolia – 3 years
- Singapore – 2 years
- Slovak Republic – 2 years
- Sweden – 2 years
Additional countries:
- Bosnia and Herzegovina
- Cameroon
- Germany (listed again; included in many official treaty country lists)
- Kazakhstan
- Kosovo
- Liberia
- Lithuania
- Mexico
- Montenegro
- Poland
- Serbia
- Senegal
Countries with shorter reciprocal validity (often three to six months):
- Azerbaijan – 3 months
- Bahrain – 3 months
- Bangladesh – 3 months
- Congo (Brazzaville) – 3 months
- Congo (Kinshasa) – 3 months
- Egypt – 3 months
- Ethiopia – 6 months
- Iran – 3 months
- Jordan – 3 months
- Kyrgyzstan – 3 months
- Moldova – 3 months
- Oman – 6 months
- Thailand – 6 months
- Ukraine – 3 months
These validity periods are based on specific reciprocity agreements and can influence how long your E2 Visa remains valid. Always check the most recent U.S. State Department guidance for updated information.
How Long Is an E2 Visa Valid and How Can You Extend It?
The answer to this question largely depends on your country’s treaty agreement with the United States, as well as guidelines set by the U.S. consulate. However, in practical terms—particularly for Turkish nationals—here is how it typically works:
- Up to 5 Years Initially: For citizens of Turkey, the initial E2 Visa is generally granted for up to five years.
- Renewal Options: As you approach the end of that five-year period, you can renew your visa indefinitely, provided you can demonstrate that your business remains active and profitable.
If you aim to stay in the U.S. long-term and expand your business, you should prepare a thorough renewal application each time. Additionally, you can explore other visa categories, such as the EB-5 Investor Visa, to secure a more permanent future in the United States.
E2 Visa Investment Amount
The E2 Visa investment amount largely revolves around whether your capital is deemed “substantial” for the specific business you plan to operate. It’s essential to research various E2 Visa business ideas and select a path that aligns with your financial resources while offering a strong likelihood of approval.
When choosing a business for the E2 Visa, it’s crucial to demonstrate that your funds are actively invested in a functional enterprise. For example, merely purchasing a home in the United States does not qualify as an active investment and may lead to a visa denial.
How to Select the Right Business for an E2 Visa Application?
Choosing a business that meets E2 Visa criteria is a critical step in securing your approval. The U.S. Citizenship and Immigration Services (USCIS) evaluates whether your investment is “substantial,” “important,” and involves a reasonable degree of risk. Essentially, you need to demonstrate you’re actively investing in a venture poised for growth in the U.S. market.
- Tourism: Examples include purchasing or operating a hotel, motel, or travel agency.
- Food & Restaurant: This can range from opening a café or full-service restaurant to acquiring a franchise.
- Consulting & Technology: Fields such as information technology, software development, or marketing offer multiple opportunities for profitable ventures.
A well-researched market strategy and a comprehensive business plan are essential for a successful E2 Visa application. Ensure that the sector you choose aligns with your investment capacity and showcases how your enterprise will contribute to the U.S. economy.
How Long Does It Take to Obtain an E2 Visa?
It’s challenging to give a definitive answer to the question, “How long does it take to get an E2 Visa?” because the timeframe depends on various factors:
- Consulate Workload: The availability of interview appointments and the time it takes for the consular officer to process your application.
- Application Preparedness: Thoroughly documented and professionally presented applications typically result in quicker decisions.
- Additional Reviews: If your business model or plan is particularly complex, you may be asked to provide extra documentation, extending the overall processing period.
Overall, E2 Visa approvals can range anywhere from a few weeks to several months.
If you’re aiming to use the E2 Visa as a step toward U.S. citizenship and start a new journey in the United States, the details shared throughout this article can help guide your strategy. Ultimately, success hinges on proper planning and a well-prepared application. For additional support, you can reach out to CK Law Firm official website, or connect with me on LinkedIn for more personalized guidance.
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