E-2 Application Process: Investment, Business and Immigration Case

In E-2 preparation, business decisions and immigration eligibility should be evaluated in parallel. First, appropriate citizenship, investment source and business model are examined; then the reality of the investment and the management role are documented. Visa application from Turkey and status change in the USA are different procedures. ¹²

1. Determining the person, business and application method

The principal investor's citizenship of the agreement country, ownership and management authority of the business are evaluated. The current status of the person in the United States and the possibility of appropriate status change are also examined. For international applications, the current instructions of the relevant consulate are taken as basis. ¹

At this stage, the family's travel and work plans should also be discussed. Since obtaining status within the United States is not the same as having an E-2 visa in a passport, plans to leave the country in the near future may affect the application path. ¹³

2. Evaluating the true cost of business

In addition to the purchase or establishment price, the resources required to start operations and continue the business are examined. The adequacy of the investment is evaluated according to the nature of the business; A fixed dollar threshold is not used. The business plan must be consistent with actual costs and activities. ¹

Commercial debts, rent, necessary permits, equipment and personnel needs may require separate review. An immigration assessment is not a substitute for an independent review of the commercial value or profitability of the business. The purchasing decision should be made taking these different areas of expertise into account.

3. Documenting the source of funds and money movement

It explains where the fund comes from and how it comes under the investor's control. Documents related to savings, real estate sales, gifts or loans are associated with bank transactions. There should be no gap between the source document and the expenditure in the business. ¹

If money has moved through multiple accounts, these movements can be shown on a clear timeline. Currency conversions and date differences should be explained. A large account balance alone does not prove that the source is legal or that the investment is at risk. ¹

4. Linking investment to business

Actual expenditures, purchase or lease agreements, equipment, and other appropriate records are prepared. It is important that the investment is under commercial risk and is properly committed to the business. Mere intention to invest in the future is not enough. ¹

If escrow accounts or conditional transfer arrangements are being considered, whether the money is actually committed and the withdrawal conditions in the contract should be examined. Not every blocked account automatically counts as eligible investment. The right structure must be established between commercial protection and the commitment sought in immigration. ¹

5. Explain the business plan and management role

What the business offers, how it will reach customers, personnel and activity plan, and the investor's decision-making authority are explained. Current or future capacity for non-marginality assessment should be supported. Predictions should be separated from actual data; Works that have not yet been signed should not be presented as definitive income. ¹

The investor must be in a position to develop and direct the business. Partnership and voting rights must be compatible with the job description. The daily operation of the business and the role of the investor should support each other. ¹

6. Consular or USCIS application

E-2 visa application abroad is carried out according to consular procedure; Package and appointment instructions of the relevant representative office are checked. For eligible status changes or extensions within the USA, I-129 can be used. It should not be thought that I-129 approval is required for every file before applying to the consulate. ¹

For eligible I-129 E-2 files, premium processing can provide a processing time of 15 business days. This is not the same period for a consular appointment or visa issuance. Fees may also not be the same at the consulate and USCIS route; It should be calculated based on the application channel. ⁴¹

7. Tracking documents and activity after approval

I-94 classification and expiration date must be checked upon entry to the US or status approval. Records of family members are reviewed separately; It is important to document E-2S work authorization for the spouse. Visa sticker should not be confused with the duration of authorized stay. ¹³

Business records should not be kept solely for initial reference. In renewal, actual activity, ownership, personnel, and finances may regain importance. Changes such as a sale or closing should be considered in advance. The E-2 process is not a process in which commercial and immigration proceedings completely end with the receipt of the approval document. ¹