E-2 investor visa and E-1 Business visa are special types of visas that are granted to citizens of countries that have an agreement with the United States and to foreigners who want to invest or trade in the United States. Individuals have to fulfill the specific conditions specified in the law.
The conditions that the investor must meet in order to obtain the E-2 investor visa are listed in the law as follows;
- The first condition of the E-2 visa is a visa agreement between the investor’s country of citizenship and the United States. Only citizens of countries that are party to the agreement can apply for the E-2 investor visa. The investor should only be subject to the citizenship of his home country. Greencard holders cannot apply for an E-2 investor visa.
- The investor must be a company owner or at least 50% partner of a company or have taken over a company in the USA.
- The company, through which the E-2 Investment visa will be obtained, must have made a serious investment by the foreign investor. Although there is no clear provision in the law about the amount of investment to be made, it is required that the investment made is a serious investment according to the type and nature of the investment to be made.
- A minimum investment amount is not stipulated in the law, but if the investment to be made is below $100,000, the entire investment amount must be realized before the E-2 investor visa application.
- The company to be invested must be active and real. In other words, the company to be invested must have an active commercial history and operation before the application.
- The investment for the E-2 visa should not be marginal. In other words, the investment should not only benefit the E-2 visa applicant or only the investor’s relative. The actively operating business needs to increase economic vitality and provide employment in the United States, apart from the applicant.
- After the E-2 investor visa applicant makes an investment, he/she must play an active role in the management of the company and be the necessary person for the company. The investor cannot obtain an E-2 investor visa only as a passive partner.
The conditions that the investor must meet in order to obtain the E-1 investor visa are as follows;
- The person applying for an E-1 business visa must be a citizen of one of the contracting countries. If the applicant has a Greencard, he cannot apply for an E-1 Business visa.
- The applicant must own a company in the USA or be a shareholder of at least 50% of a company.
- At least 50% of the trade volume of the company established in the USA, owned by the applicant, must be between the USA and the designated treaty country.
- The trade must show that there is a “significant business” relationship that is not strictly defined by law.
- Commerce may take the form of physical movement of goods, transportation or intangible services, including banking and insurance, tourism, technology or journalism.
- The person applying for an E-1 business visa must state that he or she needs the visa to closely follow the trade process in the United States and to go to and from the United States.
- As with other visa requirements, the E1 business visa applicant must be prepared to provide evidence of their willingness to return to their home country at the end of the visa period.
- Before the trade visa application between the two countries, it must already be realized and continue.
Advantages of E-1 /E-2 Visa to Individuals
- The applicant’s spouse and unmarried children under the age of 21 may also be eligible for an E-2 /E-1 visa.
- The investor’s spouse has a work permit in any business line. She can also get a work permit and social security number, she.
- Investor’s children can receive education in the USA.
What are the Documents Required for E-1 /E-2 Visa Application?
- Form DS-160 filled in for each Applicant
- Form DS-156E completed for the main applicant;
- If the application is to be made by proxy, the G-28 form filled by the attorney
- A copy of the page of the passport with at least 6 months validity, which includes personal information;
- Evidence of family ties with the main applicant for each applicant;
- A document signed by the original applicant that will return when legal status in the United States expires.
Documents to be submitted about the company
- Petition explaining the company in the USA, the position and the qualifications of the applicant and the eligibility of the Company for the E-1/E-2 status
- A detailed business plan including Profit/Loss projections for the next 5 years.
- US Tax Returns for the last two years (if any), showing income reported to the US Department of Revenue;
- W-2 and W-4 tax forms;
- Company payroll, records showing salaries paid to employees (if any)
Explanatory documents of the company
- Documents showing the ownership of the company.
- If the company has more than one owner or legal persons also have shares, the following documents must be attached to the application:
- a. Diagram showing the ownership structure of the company;
- b. Documentation legally documenting ownership
- c. Passport copies of the shareholders and their percentage of shares in the parent company
- In companies with a large number of shareholders whose shares are traded on the stock exchange;
- a. A letter written by a person legally authorized by the company, showing all exchanges on which the shares are traded.
- b. A recent letter from the stock exchange where the shares are traded.
- For E-1 visa; In applications for companies established outside the USA and Turkey, a chart showing ownership and a document showing company continuity / activity report / legal company registration, etc.
Documentation of Investment for Investment Visa (E-2)
Documents showing that the applicant has already invested or is in the process: Business contracts, lease agreements, sales agreements, bank statements, invoices, bank statements, any documents that prove the investment in the USA. In the documents of money transfers, the relevant transfers should be marked and explained on the document.
Documentation of Commerce for a Business Visa (E-1)
In multinational companies, documents showing that commercial activities are mainly between the contracted country and the United States. Bills of sale, bills of purchase, bank statements, shipping receipts, customs clearance, warehouse receipts, contracts, and any other document that proves the continuity of trade.
E-1/ E-2 Visa Employees
The main applicant can obtain an E-1/E-2 visa for qualified employees with the same nationality as the investor. The applicant must be able to demonstrate that he or she needs this employee. This requirement can be easily demonstrated if the director or manager. This requirement can also be demonstrated by demonstrating that the employee has the specialist knowledge necessary for the operation or development of the business.
After the request for an appointment for the E-2 investor visa is created, the consulate gives an appointment for a visa interview between 6 and 8 weeks.
E-1 / E-2 Investor Visa Periods
If visa applications are made through the Consulate, an investor visa can be obtained for up to 5 years.
If the visa application is made while in the USA, this is 2 years.
As long as the investor’s investment is active, the E-2 investor can renew his visa.
COUNTRIES WITH AGREEMENTS FOR E-2 INVESTOR VISA:
Argentina, China, Georgia, Kyrgyzstan, Pakistan, Switzerland, Armenia, Colombia, Germany, Latvia, Panama, Thailand, Australia, Congo, Grenada, Liberia, Philippines, Togo, Austria, Costa Rica, Honduras, Luxembourg, Poland, Trinidad and Tobago , Bangladesh, Czech Republic, Iran, Mexico, Romania, Tunisia, Belarus, Ecuador, Ireland, Morocco, Senegal, Turkey, Belgium, Egypt, Italy, Moldova, Slovakia, Ukraine, Bosnia and Herzegovina, Estonia, Jamaica, Mongolia, Spain, United Kingdom, Bulgaria, Ethiopia, Japan, Netherlands, Sri Lanka, Uzbekistan, Cameroon, Finland, Kazakhstan, Norway, Suriname, Yugoslavia, Canada, France, Korea, Oman, Sweden.
The E-2 investor visa agreement between Turkey and the United States was signed on May 18, 1990.
COUNTRIES WITH AGREEMENTS FOR E-1 TRADE VISA
Australia, Greece Oman, Austria, Honduras, Pakistan, Iran Paraguay
Bolivia Ireland Philippines, Bosnia and Herzegovina, Israel, Poland, Italy, Serbia
Canada, Japan, Singapore, Chile Jordan Slovenia ,China (Taiwan) Korea (South) Spain
Colombia Kosovo Suriname , Costa Rica Latvia Sweden, Croatia Liberia Switzerland
Denmark Luxembourg Thailand , Estonia Macedonia Togo , Ethiopia Mexico Turkey, Finland Montenegro United Kingdom, France Netherlands Yugoslavia Germany New Zealand
The E-1 trade visa agreement between Turkey and the United States was signed on February 15, 1933.
What are the E-1/E-2 Investor visa application fees?
The E-1 /E-2 visa application fee is $205 and this amount must be made separately for each family member.