E-2 Investor Visa Conditions and Required Documents

E-2 eligibility is not determined by a single investment amount. Citizenship and ownership of the agreement country, whether the investment is significant and at risk, real operation, non-marginality and the development/management role of the investor are evaluated together. Company incorporation can only show a part of them. ¹²

Treaty country citizenship and business ownership

Türkiye is among the E-2 agreement countries. The appropriate citizenship of the principal investor and the appropriate treaty country ownership of the business must be documented. The nationality of the business is not determined solely by whether it is incorporated in the United States; the actual chain of ownership is examined. ¹²

Partnership agreements, share records and intermediate companies, if any, should be disclosed. The management authority of the investor and the agreement country ownership of the enterprise are separate questions. The same percentage of information may not meet both legal elements alone. ¹

Significant investment

The investment must be commensurate with the total cost of the business and the resources required for its successful operation. There is no fixed minimum dollar amount for all businesses. In low-cost businesses, the ratio of investment to total cost may be particularly important. ¹

Just paying the sales price is different from establishing a financial structure that can actually run the business. Expenditures, contracts, and the operating plan must support each other. Uncertain future payments should not be presented as current investment. ¹

Control of funds and legal source

It must be shown that the investor controls the funds and that the source is lawful. Eligible records differ for sources such as savings, sales proceeds, gifts, or loans. Instead of just writing the name of the source, the explanation should be established with relevant documents and money flow. ¹

For example, if the money from the sale of real estate is to be used, the sales record can be associated with the amount coming into the account and the payment made to the business. If there is a gift from the family, documents regarding the actual transaction and source are examined. These examples describe evidence linking, not a mandatory single document list.

Business risk and binding investment

The investment must be subject to the risk of commercial loss and must be properly linked to the business. An unused bank balance or a statement of intention to withdraw is not sufficient on its own. In debt financing, the nature of the collateral and the investor's personal risk assumption are important. ¹

Debt secured by the business's own assets is not considered the same as debt undertaken by the investor with his personal assets. If there are conditional purchase or escrow account arrangements, the actual binding nature of the contract should be examined separately. ¹

Real and active commercial enterprise

The business must have actual goods or services activities or must be shown to be ready to operate appropriately. A mere paper company, passive investment account, or real estate for personal use does not meet the E-2 business requirement on its own. ¹

Records such as licenses, leases, equipment, customer contracts, and operational readiness may be meaningful depending on the business model. Not every business produces the same document; However, it must be understood how the activity will be carried out and how the investment serves this activity. ¹

non-marginal business

The current or future capacity of the business beyond merely providing minimum subsistence to the investor and his family is evaluated. Expectations regarding future capacity in new businesses can also be addressed; but it must be durable and realistic. The forward-looking assessment in the regulation generally includes a five-year perspective from the start of the activity. ¹

If personnel and revenue estimates are used, their assumptions should be disclosed. The statement "It will grow a lot in five years" alone is not enough. Consistent linkage should be established between market, cost, activity schedule and current progress. ¹

Authority to develop and manage the business

The investor must be in a position to develop and direct the business. This may be demonstrated through appropriate ownership or other valid operational control. Shares, voting rights and mission statement should be examined together. ¹

Additionally, when E status ends, the condition regarding intention to leave is evaluated. The fact that E-2 is renewable over the years does not eliminate its temporary category nature. If there is a permanent residence plan, its legal basis should be examined separately from E-2. ¹

Document control before application

Citizenship and partnership records, source of funds, bank transactions, binding investment transactions, actual expenses and business plan should be checked together. The amounts and dates in the documents should explain each other. A strong E-2 file is not only high-budget; It is a case that clearly shows the legal conditions of the investment and business. ¹³