Starting a Business and Building Your Dream Life in the Land of Opportunity: Learn About the E-2 Visa

Starting a business in the U.S. isn’t just an investment—it’s the fulfillment of a dream. For many entrepreneurs, this dream means ensuring a better education for their children, providing a safer life for their family, or finally launching a business idea they have long nurtured.

The E-2 visa is one of the most popular ways to achieve this dream. However, it’s not as simple as “invest some money, set up the company, and everything will follow.” Many applicants are disappointed when their submissions are rejected.

Misconceptions about the E-2 visa are widespread—especially the belief that “just an investment is enough.” The reality is this: in addition to the investment amount, a successful E-2 application requires a realistic business plan, the investor’s active role, and consistent documentation.

Since the Trump administration, immigration authorities have scrutinized applications more strictly. Application denial rates have increased, and the process has become more technical and detail-oriented.

This is exactly where we step in. With our expert team serving all U.S. states, we guide you through every step of your application. We handle your file meticulously, craft the best strategy, and prepare your documents thoroughly and convincingly.

You don’t have to pursue your dream alone. Anyone looking to start a new life in the U.S. with their family will find us by their side—with knowledge, experience, and trust.

This article explains the essential points about the E-2 visa in a clear and concise manner.

1. INTRODUCTION TO THE E-2 VISA

What is the E-2 visa? Who can apply?
The E-2 visa is an investor visa for citizens of countries that have trade and investment treaties with the United States. It allows the applicant to actively manage a business in the U.S.—either by starting one or taking over an existing one.

Since Turkey is part of this treaty, Turkish citizens are also eligible. But investing money alone is not enough—you also need to:

Make a significant capital investment,
Play an active role in daily management,
Run a genuine, profit-driven commercial venture.

Passive investments (like buying rental property) are not acceptable. This visa is designed for entrepreneurs intending to take charge and grow their businesses.

2. RIGHTS GRANTED BY THE E-2 VISA

With the E-2 visa, you don’t just get permission to run a business—you gain legal and stable life options in the U.S. Key benefits include:

Live and operate your business in the U.S.
Your spouse can apply for a separate work permit (EAD) and work anywhere—not just for your company.
Your unmarried children under age 21 get free access to public schools, and may attend private institutions under certain conditions.
You can freely travel in and out of the U.S. as long as the visa is valid.
The visa is renewable indefinitely, as long as the business remains operational and meets visa requirements.

3. VALIDITY & EXTENSION OPTIONS

The E-2 visa is typically issued for 2–5 years; Turkish citizens usually receive a 5-year visa. However, each U.S. entry grants a 2-year stay period.

To extend:

If in the U.S., apply to USCIS for a status extension.
If abroad or after the visa expires, reapply at a U.S. consulate.

To renew, your business must remain active, profitable, and the investor must stay involved. With each renewal, updated and compelling documents are crucial. This makes the E-2 a highly attractive long-term non-immigrant status.

4. CAN IT LEAD TO A GREEN CARD?

The E-2 visa does not directly grant permanent residency. However, it can be a stepping stone toward a Green Card. For example:

You could scale up your business and shift to an EB-5 investor visa, which leads directly to a Green Card.
Your spouse or children could separately qualify under a different Green Card category.
Other paths (e.g., employer sponsorship, family petitions) may become available over time.

In short, while E-2 is not a Green Card, it can lay the groundwork for one—and strategic long-term planning is key.

5. CAN I WORK ELSEWHERE?

No: the E-2 visa allows you to work only in the business you’ve invested in. To work for another employer or in another role, you’d need a different visa category.

Your spouse—with an EAD issued under your application—can work freely for any employer.

6. CONSULATE APPLICATION VS. CHANGE OF STATUS

E-2 applications follow two main routes:

a) Consular Application

Apply through a U.S. embassy or consulate outside the U.S.
If approved, you enter the U.S. on an E-2 visa and receive a 2-year stay at each entry.

b) Change of Status in the U.S.

Already in the U.S. on another visa? Apply to USCIS to change status to E-2.
No consulate visit needed, but if you leave afterward, you must obtain an E-2 visa abroad to re-enter.
Travel before approval may pose risks.

Which is better? It depends on your circumstances: consular processing can be faster but requires travel; change of status avoids travel but may take longer.

7. INVESTMENT REQUIREMENTS & ELIGIBILITY

Nationality requirement
You must be from a treaty country—but these include Turkey and many others. Holding Turkish citizenship is sufficient, but not required.

Key application criteria:

Real and sufficient investment—usually at least $100,000, but lower amounts may be acceptable depending on the business.
Solid business plan—with growth and employment projections.
Investor’s active management role—passive investors are generally not accepted.
Complete, consistent documentation—financial records, corporate filings, tax forms, and work plans.
Professionally handled submission increases success chances.

English requirement
Not legally required. However, basic English capability helps run the business and handle interviews, so translators or professional support can be valuable.

8. INVESTMENT & ESTABLISHMENT GUIDELINES

How much should I invest?
No fixed amount, but the investment must be substantial relative to your business type and size. Generally, a minimum of $100,000 USD for small businesses is recommended.

What kind of investment qualifies?
You must invest in an active, profit-oriented enterprise:

Build your own company,
Acquire or partner in an existing one,
Provide goods or services of real economic activity.

Passive investments—like rental properties—do not qualify.

Other costs to budget for:

Visa application fees (consulate, USCIS),
Professional fees (attorneys, advisors),
Business plan preparation, translations, notarization,
Travel/matter expenses (e.g., consulate visits).

9. REQUIRED DOCUMENTS & PROCESS STEPS

Typical required documents:

Passport and ID,
Business formation certificates (LLC, EIN, licenses),
Investment records (transfers, contracts, proof of funds),
Detailed 5-year business plan,
Financial statements and projections,
Lease or ownership documents,
Employee plans and roles,
Evidence of your active role and qualifications,
Official forms (DS-160, photos, etc.).

Well-ordered and mutually supporting documentation speeds up processing.

Processing times:

Consular route: interview scheduled in 2–4 weeks, results in days.
Change of status (USCIS): 3–6 months, or 15 days with premium processing.

10. FAMILY & EMPLOYEE OPTIONS

Family benefits

Spouse and unmarried children under 21 get E-2 status.
Spouse can work anywhere with an EAD.
Children attend public schools and may attend private/university.

Bring employees from Turkey?
Yes—if:

They share Turkish citizenship.
They are filling executive, managerial, or skilled roles.
Their job is essential for the business’s operations.
The company is operational and growing.

Such E-2 employee visas support your growth strategy.

11. SPECIAL SITUATIONS

Has my B1 visa been denied? Can I still apply?
Yes. A previous B1 denial doesn’t automatically disqualify you—but you must address any previous issues like misrepresentation or false documents in your new strategy.

What if my E-2 visa is denied?
You can reapply with corrected documents and stronger evidence. Identify and fix the reasons for denial—e.g., missing investment, poor business plan, passive investment—to strengthen your case.

What if I overstayed before?
If you stayed illegally for more than 180 days but less than one year, you may reapply. But overstaying more than a year can trigger a 3- or 10-year ban. Consulting an immigration attorney is crucial in such cases.

What if I’ve applied for asylum before?
It’s possible but sensitive. Past asylum applications will be reviewed thoroughly. Conflicts between asylum claims and E-2 intentions could raise doubts. Expert legal advice is essential here, as each case is unique.