United States E-1 and E-2 Visas
Legal Preparation of the Company, Trade, Investment and Consular File for Treaty Trader and Treaty Investor Visas
The E-1 Treaty Trader and E-2 Treaty Investor visas are nonimmigrant visa categories that allow nationals of countries with a treaty relationship with the United States to stay temporarily in the U.S. in connection with certain trade or investment activities.
Türkiye holds treaty country status with the United States for both E-1 and E-2. Canaydın Law Firm provides a preliminary assessment of the applicant and the company structure, preparation of the company, trade, investment and source of funds documents for the file, structuring of the consular application file, interview preparation and, where necessary, coordination with an authorized immigration attorney and other professionals in the U.S.
- E-1 / E-2 Suitability Assessment
- Preparation of Company and Financial Documents
- Consular File and Interview Preparation
Can Citizens of Türkiye Apply for E-1 and E-2 Visas?
Yes. Citizens of Türkiye may be considered for an E-1 Treaty Trader or E-2 Treaty Investor visa, provided that the other statutory requirements are also met. However, being a national of a treaty country is not sufficient on its own. Depending on the type of application, the trade, the investment, the enterprise, the company ownership and the applicant's role in the enterprise must be in line with the requirements of the relevant E visa.
E-1 Treaty Trader Visa
The E-1 visa is a visa category for persons who carry out substantial and continuous international trade between the U.S. and a treaty country, and, under certain conditions, for executives, supervisors or employees with essential skills of companies that hold treaty country status.
How Is Trade Documented in an E-1 File?
In an E-1 application, it is not sufficient merely that the company has been established. The volume, continuity and nature of the trade between the U.S. and Türkiye must be shown with concrete commercial documents. The structure of the file may vary according to the company's field of activity.
E-2 Treaty Investor Visa
The E-2 visa is assessed on the basis that a national of a treaty country has invested, or is actively in the process of investing, a substantial amount of capital in a real and operating commercial enterprise in the U.S., and is going to the U.S. in order to develop and direct the enterprise.
Is There a Minimum Investment Amount for the E-2?
The E-2 regulations do not set a single fixed minimum investment amount that applies to every enterprise. Whether an investment is "substantial" is determined by assessing together the total cost of the enterprise, the sector, the proportion of the investment, whether the capital is genuinely at risk, and the enterprise's capacity to become operational.
For this reason, specific dollar amounts seen on the internet or in marketing materials should not be taken as an automatic or statutory minimum investment threshold for the E-2. Each file should be examined separately on the basis of the enterprise's actual financial and commercial structure.
Source of Funds and Use of the Investment
In an E-2 file, what matters is not only the amount of the investment, but also that the capital is under the applicant's control, is exposed to commercial risk and is genuinely committed to the enterprise. The source of funds and the path the money takes up to the investment enterprise are documented according to the characteristics of the file.
E-1 or E-2?
Although the two visas are part of the same treaty country system, their bases are different. For the E-1, the center of the file is substantial trade between the U.S. and the treaty country. For the E-2, the center of the file is the substantial investment made in the enterprise in the U.S. and the investor's role in developing and directing the enterprise.
- If existing and ongoing U.S.-Türkiye trade predominates, the E-1 is assessed.
- If establishing or buying an enterprise in the U.S. or investing capital in an enterprise predominates, the E-2 is assessed.
- In both models, the company ownership, the applicant's nationality and their position in the enterprise are important.
- The application category is determined not only by the amount of investment or trade, but by the file as a whole.
Consular File and Interview Preparation
In E visa applications, it is important that the consular file presents the company and its commercial activity as a clear and coherent whole. The applicant's personal statements, the company structure, the trade or investment documents and the explanations to be given at the interview must be consistent with one another.
Spouse and Children
The spouse of the E-1 or E-2 principal applicant and their unmarried children under 21 may, under the appropriate conditions, apply for derivative E status. The dependent family members are not required to have the same nationality as the principal applicant; the family relationship and their own application documents are assessed separately.
- Preparing the spouse's derivative E visa application
- Planning the children's derivative applications
- Preparing marriage and birth documents for the file
- Coordinating separate DS-160 applications for family members
- Separately assessing the current status rules on the spouse's right to work in the U.S.
- Providing the necessary guidance on the continuity of the children's education and status
The E-1 / E-2 Application Process
- 01
Initial Suitability Assessment
The applicant's nationality, company structure, activity model in the U.S., trade or investment history and family structure are examined.
- 02
Determining the E-1 or E-2 Route
The appropriate E category is determined by assessing whether the file is trade-based or investment-based.
- 03
Company and Financial Document Plan
A plan of the required documents is prepared on company ownership, trade, investment, bank records, source of funds and the applicant's position.
- 04
Preparing the Consular File
The DS-160 and the forms required for the type of application are put together with the supporting company and financial documents into a consular file.
- 05
Appointment and Interview Preparation
The consular application / appointment steps are carried out according to the current procedure of the mission where the file will be submitted; the applicant is prepared for the interview.
- 06
Consular Review
If an interview, a request for additional documents or an administrative review arises, the current status of the file is assessed and the necessary explanations are prepared.
- 07
Subsequent Procedures in the U.S.
After the visa is issued and entry into the U.S., company, status, extension or other local immigration procedures are coordinated with an authorized attorney and professionals in the U.S. when required.
What We Do for You
Preliminary E-1 / E-2 Suitability Review
The applicant's nationality, company structure, trade or investment model and role in the U.S. are assessed together.
Company and Ownership Review
The formation, partnership, management and representation documents of the companies in the U.S. and Türkiye are reviewed for the E visa file.
Preparation of Trade and Investment Documents
For the E-1, the trade flow; for the E-2, the investment, enterprise and expenditure documents are structured with the completeness of the file in mind.
Source of Funds File
The source of the E-2 investment capital and the chain of transfers up to the investment enterprise are prepared with supporting documents.
Consular File and Interview
The application forms, the consular presentation file and the key topics to be explained at the interview are prepared together with the applicant.
Spouse and Children Applications
The derivative E visa files of the principal applicant's spouse and eligible children are planned consistently with the main file.
Coordination with an Authorized Attorney in the U.S.
Immigration, corporate or other procedures that require a local license under U.S. law are coordinated with an authorized attorney and professionals in the U.S.
Coordination with Authorized Professionals in the U.S. and the Limits of Our Service
Canaydın Law Firm's E-1 and E-2 service covers a preliminary legal assessment of the applicant's situation and the existing company / trade / investment structure, the arrangement of the company, trade, financial and source of funds documents to be prepared in Türkiye, preparation of the consular application file, interview preparation and, where necessary, coordination with an authorized immigration attorney and other professionals in the U.S.
Services that under United States law must be performed only by a U.S. attorney authorized in the relevant state or in federal immigration practice, or by other licensed professionals, are performed by the relevant independent professionals. The visa decision lies within the authority of the U.S. consular authorities; acceptance of the application or the issuance of the visa cannot be guaranteed.
FAQ
Frequently Asked Questions
Are the U.S. E-1, E-2 and EB-5 the same program?
No. The E-1 is a treaty trade visa and the E-2 a treaty investor visa, while the EB-5 is an immigrant investor program subject to investment and employment requirements. Their application structures and legal requirements differ from one another.