Are Turkish citizens eligible for E-2 investor visas to the United States?

Yes, Turkey is a treaty country under the U.S. Treaty of Commerce and Navigation, making Turkish nationals eligible for E-2 Treaty Investor visas under INA Section 101(a)(15)(E)(ii). Applicants must make a substantial investment in a bona fide U.S. enterprise and demonstrate they will direct and develop the business.

What is the difference between E-1 and E-2 visas for Turkish nationals?

The E-1 Treaty Trader visa under INA Section 101(a)(15)(E)(i) requires substantial trade between Turkey and the U.S., while the E-2 Treaty Investor visa requires a substantial investment in a U.S. business. Both require the applicant to be a Turkish national and intend to depart the U.S. when the visa status ends.

Does obtaining a U.S. E-2 visa affect Turkish citizenship?

No. Under Turkish Citizenship Law No. 5901, Article 44, Turkish citizens are permitted to hold dual nationality. Obtaining a U.S. E-2 visa or even U.S. citizenship does not automatically result in the loss of Turkish citizenship, provided the individual does not voluntarily renounce it.

What investment amount is required for a Turkish citizen to obtain an E-2 visa?

U.S. law does not specify a fixed minimum investment amount for E-2 visas. However, the investment must be substantial relative to the total cost of establishing or purchasing the business, must be at risk in a commercial sense, and must be sufficient to ensure the investor's financial commitment to the successful operation of the enterprise.

How can a law firm assist with E-1 or E-2 visa applications?

A law firm like Serka Law can assist with verifying treaty nationality documentation, preparing corporate and financial records under Turkish Commercial Code No. 6102, coordinating with U.S. immigration counsel, authenticating documents through Turkish notaries and apostille procedures, and ensuring compliance with both Turkish and U.S. legal requirements throughout the application process.

E-1 and E-2 Visas: A Comprehensive Guide for Citizens

E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are nonimmigrant US visa categories available to nationals of countries with bilateral investment treaties with the United States. Turkey has been an E-2 treaty country since 1990. E-1 requires substantial trade between Turkey and the US (over 50% of total trade volume); E-2 requires a substantial investment in a US business (typically $100,000-$200,000+). Both visas are issued for 5-year periods and are indefinitely renewable. E-2 holders can include spouses (who receive independent work authorization) and unmarried children under 21. Key requirements include: the investment must be at risk and irrevocable, the business must generate more than marginal income, and the investor must have operational control. E-2 does not directly lead to a green card but can be maintained indefinitely while exploring other immigration pathways.

The E-1 and E-2 visa programs are possible because of the long-standing business and investment ties between the United States and Turkey that date to the 1830s. These initiatives are carefully designed to promote and encourage investment and trade between these two countries.

Starting with the E-1 Visas:

E-1 visas are designed for treaty traders who are citizens of a treaty country and want to conduct substantial trade, primarily with the United States and the treaty country. The applicant must fulfill particular requirements in order to be granted an E-1 visa:.

Be a citizen of a treaty-signing nation.
Take part in significant trade.
The main participants in the trade must be the United States and the treaty nation.

Although the exact definition of “substantial” trade is not given, it must be carried out frequently and on a sizable scale, the volume and value of traded goods or services, trade frequency, trade nature, nationality of trading parties, capital invested, and jobs created are just a few of the considerations the government takes into account when assessing the substantiality of trade.

E-2 Visas:

Treaty investors who are citizens of a treaty country and want to expand and run a business where they have already invested or are planning to invest a sizable sum of money are eligible for E-2 visas. Applicants must meet the following requirements in order to be granted an E-2 visa:.

Hold nationality in a treaty country
Invest or be in the process of investing a significant amount of capital in a U.S.-based

enterprise

The enterprise must be engaged in commercial activity

The precise amount of capital required is not specified, but it must be sufficient to support the enterprise’s commercial activity the government evaluates elements like the amount of capital invested, the likelihood that the investment will succeed, the impact on the economy, and the creation of jobs.

E-1 and E-2 Visa Benefits:

E-1 and E-2 visas offer Turkish nationals a number of benefits, including:

Authorization to enter, stay in, and work in the US.
The chance to bring family members to the country.
Unhindered travel between the US and Turkey.
The possibility of perpetual visa renewal.

Moreover, E-1 and E-2 visa holders may enjoy specific tax benefits, such as E-1 visa holders being exempt from U.S. income tax on the first $100,000 of their trade earnings.

E-1 and E-2 Visa Application Process:

The primary application step involves filing Form I-129, Petition for a Nonimmigrant Worker. This form must be submitted by the employer or business sponsor of the applicant. After Form I- 129 approval, the applicant can proceed to apply for an E-1 or E-2 visa at a U.S. embassy or consulate. Typically, the following documents are required for an E-1 or E-2 visa application:

Completed Form I-129
Valid passport (with at least 6 months of validity beyond the intended stay)
Recent photograph
Medical examination report
Proof of nationality
Proof of trade or investment
Proof of financial ability to support oneself and dependents

In conclusion we can refer that the E-1 and E-2 visas offer Turkish nationals a promising way to reside and work in the United States given the complexity of the application process, it is essential to work with a knowledgeable immigration lawyer to successfully complete this journey, we at Serka Law Firm with our experienced lawyers can assist and guide you in each step that you require.