Investor Visa Attorney

Investor and treaty visas let foreign nationals live in the United States to run a business they own, trade through a company they control, or obtain permanent residence through investment or executive leadership. Capitol Law Partners represents founders, family businesses and multinational groups in E-1, E-2, EB-5 and EB-1C matters, with a long-standing Turkish investor practice. This overview, part of our business immigration practice, explains how the routes differ.

Our services in this area

E-2 treaty investor visa

For treaty-country nationals who have invested, or are investing, a substantial amount in a real, operating U.S. business they will develop and direct. No fixed minimum applies; the amount is measured against the cost of the business. Spouses may work.

E-1 treaty trader visa

For companies and key employees whose U.S. enterprise carries on substantial, continuous trade principally between the United States and the treaty country. No investment is required.

EB-5 investor green card

For investors who place the required capital in a new commercial enterprise that creates at least ten full-time U.S. jobs, directly or through a regional center project. Approval leads to conditional permanent residence; conditions are removed once the investment and jobs are shown.

EB-1C multinational manager green card

For executives and managers who worked at least one of the preceding three years for a foreign company related to the U.S. petitioner and will hold a similar role here. No labor certification is required.

Business formation and structuring

The company behind the visa must be formed and documented to meet the immigration test: treaty nationality for the E visas, a qualifying affiliate relationship for the EB-1C, a new commercial enterprise for the EB-5. Our business and corporate law team handles formation, operating agreements, equity and governance.

Temporary treaty routes versus permanent routes

E-1 and E-2: temporary and renewable

Both E visas depend on treaty nationality: the applicant and the enterprise must share the nationality of a country with a qualifying treaty of commerce and navigation with the United States. The E-2 tests the investment, which must be substantial, committed and at risk; the E-1 tests the trade. Neither has a fixed minimum investment, neither leads directly to a green card, and both are renewable while the business qualifies.

EB-5: permanent residence through investment

The EB-5 is an immigrant category. The investor places the required capital in a new commercial enterprise that creates at least ten full-time positions for qualifying U.S. workers; the threshold is lower in a targeted employment area, meaning a rural or high-unemployment area. Investment may be direct or through a designated regional center project, and since 2022 investors already in the United States may file for adjustment of status with the petition. Nationality is irrelevant.

EB-1C: permanent residence for managers

The EB-1C tracks the L-1A: one continuous year of executive or managerial work abroad within the three years before transfer, for a parent, subsidiary, affiliate or branch of the U.S. petitioner, which must have done business for at least one year. No investment threshold or labor certification applies, but USCIS examines the organizational structure closely, so real staff and a genuine management layer matter.

Moving from E-2 to permanent residence

A typical Turkish or other treaty-country founder begins on the E-2, builds the business and then chooses a green card route. If the founder also owns an operating company at home and the U.S. company is its subsidiary or affiliate, the EB-1C becomes available once the U.S. company has operated for a year. If the business has national significance, the EB-2 National Interest Waiver allows a self-petition. Because the E-2 requires an intent to depart while the EB-1C and NIW are immigrant petitions, timing and travel need care; we structure the company from day one for the later petition.

The business plan

For the E-2 the plan shows that the enterprise is not marginal and will grow beyond supporting the investor's family, usually with five-year projections. For a new-office L-1A it shows how the company will support a managerial position within a year; for the EB-5, how the investment will create the required jobs. We work with your accountant so the plan and the bank activity match.

Source of funds

Officers must trace the money from its lawful origin to the business through tax returns, salary records, sale contracts, gift or inheritance documents, loan agreements, bank statements and wire confirmations. For the E-2 the funds must already be at risk; for the EB-5 the path of funds is reviewed in depth. Unexplained deposits are the most common reason for refusal.

Consular processing versus change of status

Applicants abroad apply for E-1 or E-2 visas at a U.S. consulate. Applicants lawfully in the United States can instead file Form I-129 with USCIS for a change of status, which grants status but not a visa, so the first trip abroad requires a consular application; Visa Waiver Program visitors cannot change status. For the EB-5 and EB-1C, investors here adjust status on Form I-485 when a visa number is available; those abroad attend an immigrant visa interview.

Process overview and what to bring

Eligibility review. Nationality, corporate structure, investment or trade, and your role.
Structuring and documents. Formation or acquisition, ownership documents, lease, business plan, tax returns and records tracing the funds; for the EB-1C, organizational charts and payroll for both entities.
Filing. Consular submission or Form I-129 for the E visas; Form I-526 or I-526E for the EB-5; Form I-140 for the EB-1C.
Interview and decision. Preparation to explain the business, the money and your role, with RFE responses if needed.
Renewals and the next step. Extensions, employee E visas, removal of EB-5 conditions and permanent residence planning.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School who advises startups, investors and employers on workforce immigration, including E-2, L-1 and EB-1C matters, alongside business and trademark law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent investors from our offices in Washington, DC, Northern Virginia, New York and Minneapolis as part of a full immigration law practice; our Istanbul office works directly with Turkish investors preparing consular applications.

Learn more about investor visas

Start your investor visa case

Tell us your nationality, the business you plan to buy, build or expand, and the funds behind it, and we will tell you which route fits now and what follows. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

What is the difference between the E-1 and E-2 visas?

Both require treaty nationality for the applicant and the enterprise. The E-2 is based on a substantial, at-risk investment in a U.S. business that the investor will develop and direct. The E-1 is based on substantial, continuous trade in goods or services carried on principally between the United States and the treaty country, with no investment requirement. A company that both invests and trades can often choose the stronger of the two.

Is there a minimum investment for the E-2 visa?

No statutory minimum exists. Officers apply a proportionality test that compares the amount invested with the total cost of establishing or buying the particular business. A low-cost service business must be funded close to fully, while a capital-intensive one can qualify with a smaller share. The investment must also be enough to make the enterprise operational and more than marginal, which is why the business plan matters so much.

Does the E-2 visa lead to a green card?

Not directly. The E-2 is a nonimmigrant visa that can be renewed while the business qualifies, but it does not convert into permanent residence. Many investors later pursue the EB-1C where the U.S. company is part of a group with a foreign affiliate, the EB-2 National Interest Waiver where the business has national importance, or the EB-5 where the capital and job creation are present. We plan the long-term route from the start.

How does the EB-5 differ from the E-2?

The EB-5 is an immigrant category that leads to conditional permanent residence, requires a set minimum capital investment in a new commercial enterprise and the creation of at least ten full-time jobs, and is open to nationals of any country. The E-2 is temporary, has no fixed minimum, needs no specific job count beyond showing the business is not marginal, and is limited to treaty nationals. The E-2 is faster to obtain; the EB-5 ends in a green card.

What is a targeted employment area?

A targeted employment area is a rural area or an area that has experienced high unemployment relative to the national average, as defined under the EB-5 statute and USCIS designation rules. Investments in a targeted employment area qualify at a lower minimum capital threshold than investments elsewhere, and set-aside visa numbers exist for these categories. Whether a project qualifies depends on the location and current designation, which we verify before you commit funds.

Can an E-2 investor later qualify for the EB-1C?

Yes, if the structure supports it. The U.S. company must be a parent, subsidiary, affiliate or branch of a foreign company that employed the investor as an executive or manager for at least one year in the three years before entering the United States, and the U.S. company must have operated for at least a year. Founders who keep an active company at home and form the U.S. entity as its affiliate preserve this option.

Should I apply at a consulate or change status in the United States?

A consular application produces a visa that permits travel, and the officer decides eligibility at the interview. A change of status with USCIS grants E status without a visa, so your first trip abroad requires a consular application anyway. Change of status suits applicants who are already here in a valid status and do not plan to travel soon; consular processing suits those abroad or who travel often. Visa Waiver entrants cannot change status.

How do I document the source of my investment funds?

Trace every dollar from its lawful origin to the business. Typical evidence includes tax returns, employment and salary records, business ownership and dividend records, sale contracts for property or shares, gift or inheritance documents, loan agreements secured by personal assets, and bank statements and wire confirmations for each transfer. Funds must be explained in a way an officer can follow without guesswork, and gaps are the most common reason for refusal.

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Investor Visa Attorney: E-1, E-2, EB-5 and EB-1C Overview