Frequently Asked Questions About the E-2 Investor Visa

This page focuses on the E-2 investor category. The international trade conditions underlying E-1 and the investment conditions of E-2 are not the same. In E-2 questions, the nature, operation and application method of the investment must be known as well as the amount. ¹

Can Turkish citizens apply for E-2?

Türkiye is among the E-2 agreement countries. However, citizenship eligibility alone is not enough. Conditions such as appropriate treaty country ownership of the business, nature of the investment, and development/management role of the individual must also be met. Citizenship consideration for derivative family members may not apply in the same way as for the primary investor. ²¹

Is it mandatory to deposit at least $100,000?

There is no fixed $100,000 threshold in the legislation that applies to every business. The investment is evaluated in proportion to the total cost and activity of the business. In a low-cost job, a smaller amount can be examined; However, this amount must be real, at risk and sufficient to run the business. ¹

Can I get E-2 just by buying a house?

Purchasing a home for personal use or passive value increase does not, on its own, replace the active business requirement. If there is a business model that carries out real commercial activities, its structure is examined separately. Finding real estate is not the same as finding a suitable E-2 business. ¹

If the money is in the company account, is it considered an investment?

Funds that are unused and not properly committed to the business are not sufficient on their own. It must be shown that the investment is at commercial risk and is committed to actual operation. The account balance does not automatically replace any spending or binding investment transaction. ¹

Can a loan or money from family be used?

The legal source of funds, the investor's control and the risk undertaken are examined. Gift, sales proceeds or loan require different document structures. It is especially important which asset the loan is collateralized with. Debt based on the business's own assets and the source for which the investor assumes personal risk are not considered the same. ¹

Is 50 percent share in the business sufficient?

Authority to develop and manage may be demonstrated through ownership or other appropriate operational control. However, the ownership of the business in the agreement country and the management authority of the applicant are two separate questions. A definitive conclusion should not be given solely on the basis of percentage without examining the share, voting and contract rights together. ¹

If I get E-2 status in the USA, will my passport also be given a visa?

No. USCIS approving a change of status within the United States is not the same as a consulate issuing a visa to a passport. Appropriate visa and entry requirements may also be required for return after leaving the United States. The impact of current status confirmation on travel should be assessed prior to departure. ¹

If the visa is for five years, can I stay in the USA for five years?

The validity of the visa sticker and the I-94 authorized stay are different. E-2 acceptance can generally be granted for up to two years; Actual I-94 record must be checked at each entry. It is not correct to use the expiry date stated on the visa as the automatic stay deadline. ¹

Can my spouse work without waiting for EAD?

The eligible E-2 derivative spouse may have status-based work authorization; Correct E-2S registration and valid documentation are important. EAD may also be requested, but is not a prerequisite in all cases for eligible spouses. Children's derivative E-2 status does not provide the same work authorization. ³

What happens when the child turns 21?

E-2 derivative child status is generally for unmarried children under 21 years of age. As you approach the age limit, independent status or other appropriate means should be considered. The temporary derivative structure of the E-2 should not be confused with the age protection rules in some immigration categories. ¹

Does E-2 automatically turn into a Green Card?

No. E-2 is the temporary category. If another Green Card route is to be used, the independent conditions of that category must be met. Running a business or employing staff for years alone does not constitute an automatic transition. The long-term plan should be evaluated separately. ¹⁴

If I sell the business, can I remain with an E-2?

A sale of the underlying business or a change in ownership/control may affect eligibility. The new situation, the required application and the current period of stay should be examined together. The commercial sale process should not be assumed to be ineffective from an immigration perspective. ¹