Non-Immigrant Visas
E-2
Treaty Investor
Invest in a US enterprise and build your American business from the ground up.
An E‑2 visa is a temporary U.S. visa for eligible investors, and certain qualifying employees, who are nationals of an E‑2 treaty country. Türkiye is an E‑2 treaty country under its bilateral investment treaty with the United States, in force since May 18, 1990. It allows a foreign national to come to the U.S. to develop and direct a business in which they have invested, or are actively in the process of investing, a substantial amount of capital. Unlike some other categories, there is no fixed dollar minimum in the law, but the investment must be large enough to make the business viable and not marginal.
To qualify, the investor must own at least 50% of the enterprise or otherwise have operational control, and the funds must be at risk and committed to the business (not just sitting in a bank account). Certain key employees, such as executives, managers, or workers with specialized skills, can also qualify for E‑2 status if the underlying business meets the treaty investor requirements. E‑2 status is temporary but can often be renewed indefinitely in increments, as long as the business remains active, real, and capable of generating more than just minimal income for the investor and their family.
Because E‑2 cases turn on nuanced issues, such as whether the investment is "substantial," whether the business plan is credible, and how to document lawful source of funds, careful planning and documentation matter. ByLaw assists entrepreneurs, investors, and companies with every stage of the E‑2 process: structuring the investment, preparing the business plan, assembling the evidence for consular or change‑of‑status filings, and advising on long‑term options, including potential paths toward permanent residency. If you are considering using an E‑2 visa to start or buy a business in the United States, we can help you plan the investment and the application around your goals.
Eligibility Criteria
Treaty Nationality: You must be a national of an E‑2 treaty country. Türkiye qualifies under its bilateral investment treaty with the United States.
Principal Role: You are coming to the U.S. to develop and direct a real, operating business as the principal investor or as a qualifying executive, manager, or specialized employee.
Substantial Investment: You have invested, or are actively in the process of investing, a substantial amount of your own lawfully obtained capital in the U.S. enterprise.
Operational Control: You own at least 50% of the business or otherwise have operational control (through a management position or similar corporate structure).
Non-Marginal Enterprise: The enterprise is not "marginal," meaning it has the present or future capacity to generate more than minimal income for you and your family or create meaningful U.S. jobs.
“An E-2 case rests on the investment and how well it is documented.”
How We Help
Our E-2 Services
E-2 Application Preparation
Comprehensive consular application packages including business plan, source of funds, and investment documentation.
Business Plan Development
Professionally prepared E-2 business plans meeting consular standards for financial projections and job creation.
Source of Funds Documentation
Tracing and documenting the lawful origin of invested funds to USCIS and consular satisfaction.
Investment Structuring Advice
Guidance on entity formation, ownership structure, and how to maximize E-2 eligibility.
Renewals & Extensions
Periodic E-2 renewal applications demonstrating continued investment activity and business viability.
E-2 Employee Visas
E-2 visas for executive, managerial, and essential-skills employees of the treaty enterprise.
How We Work
Our Approach
Eligibility & Investment Review
We assess your treaty country nationality, investment type, amount, and business structure against E-2 requirements.
Documentation Assembly
We compile source of funds records, investment evidence, leases, contracts, and financial statements.
Business Plan Preparation
We develop a consular-standard business plan with five-year projections and job creation analysis.
Consular Application & Interview
We help you prepare the DS-160 and, where required, Form DS-156E, help arrange your interview under the consulate's procedures, and prepare you for it.
E-2 FAQ
It depends on how you apply. If you apply for an E-2 visa at a U.S. embassy or consulate, timing depends on the post and your case. If you are in the U.S. and file Form I-129 to change to or extend E-2 status, premium processing means USCIS must act within 15 business days of a properly filed request. That action may be an approval, a denial, or a request for more evidence. Premium processing is not available for visa applications at embassies or consulates.
Not automatically. Depending on your situation, you may qualify for a green card on your own through a family-based or employment-based category, including EB‑5. While you are in E‑2 status, you still need to meet all of its requirements, including the intent to leave the U.S. when your E‑2 status ends. A pending green card petition does not, on its own, prevent an E‑2 admission or extension, but applying to adjust status in the U.S. raises separate issues. Plan your green card filings, E‑2 visa renewals, and travel together.
On each entry, E‑2 investors and employees are usually admitted for up to two years at a time and can request extensions in additional two‑year increments. As long as you continue to meet the E‑2 requirements and maintain the business, there is generally no fixed limit on the number of extensions you can receive.
U.S. law does not set a fixed minimum investment for E‑2; instead, it requires a "substantial" amount of capital that is proportional to the total cost of the business and sufficient to make it viable. In practice, many successful E‑2 investments fall in the low‑ to mid‑six‑figure range, but the right amount depends on your industry, business model, and location.
E‑2 visas can be challenging because adjudicators closely review whether the investment is substantial, the business is more than marginal, and the funds come from a lawful, well‑documented source. Common denial reasons include underfunded or unrealistic business plans, investments that are not truly at risk, weak evidence of the investor's control or experience, and failure to prove the lawful source and path of funds.
Let's begin
Ready to start your E-2 process?
We offer a confidential consultation to understand your situation and outline your options, in English or Türkçe.