E-2, EB-2 OR EB-5
The Turkish Coalition of America estimates approximately 350,000 Americans trace their ancestry back to Turkey. Despite this sizable Turkish-American community, Turkish citizens continues to aspire to live the American Dream in order to seek permanent residency in the United States by obtaining a Green Card in the USA.
WHAT IS A GREEN CARD?
A Green Card, known officially as a Permanent Resident Card, is an identification document that grants a person the right to permanent residency in the United States. As lawful permanent residents, they, their spouses, and any dependent children under 21 can legally live in the United States. In addition, they can also legally work as well as attend schools, colleges, and universities. While Green Card holders can reside in and work in the United States, they do not have full citizenship rights, such as the right to vote. However, after being a lawful permanent resident for five years, Green Card residents can apply to become naturalized American citizens.
3 POSSIBLITIES FOR TURKISH CITIZENS TO OBTAIN A GREEN CARD
USA EB-5 VISA
The EB-5 program is a residency-by-investment program that grants permanent residence to successful candidates, their spouse, and dependent children. It allows them to live, work, and study in the US with no educational or language requirements. The program requires a financial commitment of at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 outside a TEA, creating at least ten new jobs. Commercial real estate investments are an option. Candidates initially receive a conditional Green Card, which can be made permanent after filing a petition to remove the conditions within two years. After five years of residency, candidates can apply for US citizenship.
USA EB-2 START-UP VISA
The EB2 Start-up visa is a visa designed for entrepreneurs with innovative ideas, who will encourage economic growth with a project that is beneficial to the United States. For successful candidates, this program gives an unconditional Green Card (permanent residency status) to the candidate, their spouse, and dependents under the age of 21.
It requires a financial commitment of at least USD 300,000, in which a minimum of USD 100,000 must be committed to research and development supported by a government-backed US research facility. This visa does have an educational requirement of at least a bachelor’s degree and a minimum of 5 years of relevant work experience in line with the business idea or proposed venture.
USA EB-2 NIW IMMIGRATION PROGRAM FOR EXPERIENCED PILOTS
The EB2 National Interest Waiver is an immigrant visa that grants a foreign national lawful permanent residency in the US without the requirement of an employment offer. Foreign nationals who can prove their residency would be of national interest to the US through exceptional ability and academic background in the sciences, arts, or business can qualify.
For example, the American aviation industry is currently suffering a severe shortage of pilots and aircraft maintenance engineers and through the EB-2 NIW visa, successful candidates and their qualifying family members can qualify for an unconditional Green Card (permanent residency status) in the United States within 8 to 16 months.
“This is a fairly new opportunity, launched only in January of 2022,” Jean-François Harvey, founder and managing partner of Harvey Law Group (HLG), clarifies. “The process is rigorous, and an inadequate submission will certainly result in a denial. Nonetheless, we have had a number of approvals, so it is achievable. Further, our experience has been that age, nationality, rank, and similar considerations do not seem to count against an applicant. Every case is assessed by the USCIS (United States Citizenship and Immigration Services) on its own individual merits.”
AN E-2 VISA IS NOT A GREEN CARD
Turkey has an E-2 treaty with the United States, granting its citizens the E2 visa. This visa allows them and their family to live, work, and study in the USA for up to five years, with the possibility of renewal. While it is not a Green Card, E-2 visa holders can apply for one if they meet certain criteria, including making a substantial investment of around USD 250,000 in a qualifying US business.
DO YOU WISH TO LIVE THE AMERICAN DREAM?
In the United States, immigration-related advice is reserved for lawyers. As Jean-François Harvey of HLG notes, “the requirements, documentation and processes for some of these visas is complex. We do recommend you get professional advice.”
Harvey Law Group (HLG) has more than 30 years’ experience in the immigration field. Unlike agents or non-authorised firms, HLG is a professional immigration law firm, and as such, has an obligation to advise you on the best options and on the programs most suited to your goals. HLG has offices in both the United States and Turkey.
