Immigration to the USA

The Legal Framework

US immigration is governed by the Immigration and Nationality Act (INA), administered primarily by U.S. Citizenship and Immigration Services (USCIS) within the Department of Homeland Security, with consular processing handled by the Department of State for applicants outside the US. Unlike Turkey’s single consolidated code, US immigration law is a layered combination of statute, regulation, USCIS policy guidance, and, increasingly in 2025-2026, executive action, meaning the practical rules in force can shift through means other than Congressional legislation, as the Gold Card program itself illustrates.

Employment-Based Green Cards

The EB categories provide permanent residence (a green card) based on employment, extraordinary ability, or investment, each with its own annual numerical limits and, for applicants from countries with high demand, potential waiting periods (visa “backlogs”) separate from the underlying eligibility assessment.

EB-1A (extraordinary ability) and EB-1C (multinational executive or manager) suit individuals with a sustained record of acclaim in their field, or senior executives being transferred within a qualifying multinational corporate structure, respectively. Both can be filed without a permanent labor certification (PERM) process, generally making them faster than categories that require it.

EB-2 NIW (National Interest Waiver) allows certain advanced-degree professionals or individuals of exceptional ability to self-petition without an employer sponsor or labor certification, provided their work is shown to be in the substantial national interest of the United States, a standard assessed individually rather than through a fixed checklist.

EB-3 covers skilled workers, professionals, and other workers, generally requiring an employer sponsor and a labor certification confirming no qualified US worker is available for the role, and carries longer typical waiting periods than the EB-1 categories given demand levels.

Family-Based Green Cards

Immediate relatives of US citizens, including spouses, parents, and unmarried children under 21, generally face no annual numerical cap and correspondingly shorter timelines than other family categories. The fiancé(e) visa (K-1) allows a foreign fiancé(e) of a US citizen to enter the US to marry within 90 days, after which the foreign spouse applies to adjust status to permanent residence. Marriage-based and parent-sponsored green cards follow related but procedurally distinct paths depending on whether the sponsor is a US citizen and whether the applicant is already inside the US.

EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program grants permanent residence to investors who place a qualifying amount of capital, at risk, into a new commercial enterprise that creates at least 10 full-time jobs for US workers.

Current 2026 thresholds, set by the EB-5 Reform and Integrity Act of 2022 (RIA): $1,050,000 for projects outside a Targeted Employment Area (TEA), or $800,000 for projects within a TEA (broadly, rural areas or areas of high unemployment, as defined under the RIA’s criteria). These figures are scheduled for their first inflation-based adjustment under the RIA on 1 January 2027, and every five years thereafter, so investors planning a filing close to that date should factor in the possibility of a higher threshold for projects not yet committed.

The process runs through several stages: the I-526E petition (demonstrating the investment, its lawful source, and the business plan’s job-creation capacity), a period of conditional permanent residence once the petition is approved and the visa or adjustment of status is granted, and the I-829 petition to remove conditions once the required jobs have actually been created, typically reviewed around the two-year mark of conditional residence. Lawful source of funds documentation, tracing the invested capital back through its origin, whether business profits, property sale proceeds, or another source, is consistently where EB-5 cases run into the most difficulty, and is worth front-loading at the structuring stage rather than treating as a formality.

The Gold Card: A New Option, Different From EB-5

This is a genuinely new development since late 2025, and it is worth understanding clearly rather than assuming it is simply “a more expensive EB-5.”

Announced by executive order in February 2025 and formally launched for applications on 10 December 2025, the Gold Card program offers an accelerated path toward lawful permanent resident status in exchange for a financial contribution to the federal government, $1 million for an individual applicant (reduced from the initially floated $5 million figure), or $2 million for a corporation sponsoring a specific foreign employee, plus a $15,000 non-refundable DHS processing fee, after background vetting is completed.

How this differs from EB-5 in substance, not just price: EB-5 requires an at-risk investment in a job-creating commercial enterprise, with the applicant’s green card conditioned on that enterprise actually creating the required jobs, verified at the I-829 stage. The Gold Card structure, as implemented, is a direct financial contribution to the government rather than an at-risk business investment, and successful applicants reportedly receive permanent resident status processed under an EB-1 or similar framework rather than a dedicated new visa category created by Congress.

The legal footing is different, and this matters for risk assessment: EB-5 exists in statute, passed by Congress, and changes to it require Congressional action. The Gold Card exists through executive order and Department of Commerce implementation, which means, as several immigration law commentators have noted, it does not carry the same statutory durability, since a future administration could modify or discontinue the program in a way that is considerably harder to do to a Congressionally authorized category like EB-5.

Where it currently stands: Uptake since the December 2025 launch has been far more modest than the administration’s early projections, with approvals reported in single digits in the first months despite a much larger volume of expressed interest and registered applications. For clients evaluating this route, we treat it as a genuinely available option worth understanding, but one where the program’s youth, evolving implementation details, and distinct legal foundation from EB-5 warrant a more cautious, closely-monitored approach than a programme with decades of established practice and case law behind it.

E-2 Treaty Investor Visa

For nationals of countries with a qualifying treaty of commerce and navigation with the United States, the E-2 Treaty Investor Visa allows an investor (or a key employee of a qualifying treaty-country business) to live in the US to direct and develop a business in which they have invested a substantial amount of capital. There is no fixed statutory minimum investment, what matters is that the amount is substantial relative to the total cost of establishing or acquiring the specific business, and that it is sufficient to support more than a marginal living for the investor and their family, generating real economic activity rather than simply providing subsistence income.

Turkey’s treaty status: Turkey has been a qualifying E-2 treaty country since 1990, meaning Turkish nationals are eligible for this route, a meaningful point of distinction since not all countries have this status, and a number of major economies (including, notably, several large investment source countries) do not.

Why it appeals relative to EB-5: The E-2 has no large fixed investment floor, a materially faster typical processing timeline since there is no immigrant visa backlog to navigate (the E-2 is a non-immigrant visa, not a green card), and is indefinitely renewable so long as the underlying business remains operational and the investor maintains the qualifying status, conditions that suit founders and business owners who want a genuine working presence in the US tied to an actual operating business rather than a passive investment.

What it does not provide: The E-2 does not itself lead to permanent residence; it is a renewable non-immigrant status. Investors seeking an eventual green card alongside US business operations need to plan a separate path (commonly EB-5, or EB-1C if the business structure and the investor’s role qualify, or another category) rather than assuming the E-2 converts automatically.

Student and Exchange Visitor Visas

F-1 for academic study at an accredited institution, M-1 for vocational and non-academic study, and J-1 for exchange visitor programs, including certain work-and-study or cultural exchange arrangements, each carry their own sponsor and reporting requirements through the institution or program administering the visa.

Visitor Visas

B-1 for business visitors (including meetings, negotiations, or conferences, without engaging in actual employment in the US) and B-2 for tourism, family visits, or medical treatment. Turkish nationals do not currently qualify for the Visa Waiver Program and generally require a B-1/B-2 visa for short visits to the US for these purposes.

Work Visas

Work Visas encompass several options: H-1B for specialty occupations requiring at least a bachelor’s degree in a specific field, subject to an annual numerical cap and lottery selection in most years given demand. L-1B for intracompany transferees with specialized knowledge being assigned to a US office of a qualifying multinational employer. O-1A/O-1B for individuals of extraordinary ability in the sciences, education, business, or athletics (O-1A) or in the arts, motion picture, or television industry (O-1B). P-1/P-2/P-3 for athletes, entertainers, and artists performing under reciprocal exchange programs or as part of culturally unique presentations. E-3 is available specifically to Australian nationals in specialty occupations and does not apply to Turkish applicants. R-1 for religious workers. Each category has distinct sponsor, evidentiary, and duration requirements suited to quite different professional situations.

Naturalization

Most green card holders become eligible to apply for US citizenship through naturalization after five years of continuous permanent residence (or three years if married to and living with a US citizen spouse throughout that period), subject to physical presence requirements, good moral character, and the civics and English language tests administered as part of the naturalization interview. Continuous residence can be affected by extended absences from the US during the qualifying period, a point worth tracking carefully for clients who maintain significant business or family ties outside the US during their green card years.

Frequently Asked Questions

What is the current EB-5 minimum investment in 2026?

$1,050,000 for projects outside a Targeted Employment Area, or $800,000 within a TEA, under the EB-5 Reform and Integrity Act of 2022. These thresholds are scheduled for their next inflation adjustment on 1 January 2027.

Is the Gold Card a replacement for EB-5?

It is a separate, newer program, launched for applications in December 2025, offering an alternative path at a different price point ($1 million individual contribution plus a $15,000 processing fee) and a different legal structure, being a direct contribution rather than an at-risk job-creating investment. EB-5 remains available and, being based in statute rather than executive action, currently carries a more established legal foundation.

Can Turkish nationals apply for the E-2 treaty investor visa?

Yes. Turkey has held qualifying treaty status for the E-2 visa since 1990. The investment must be substantial relative to the cost of the specific business and capable of supporting more than a marginal living for the investor.

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

No fixed statutory minimum, unlike EB-5. What matters is that the investment is substantial in proportion to the total cost of the business being established or acquired, and sufficient to generate real economic activity.

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

Not automatically. The E-2 is a renewable non-immigrant status tied to the underlying business remaining operational. Investors wanting an eventual green card need a separate immigrant visa strategy, commonly EB-5 or another qualifying category, planned alongside the E-2.

How long does the EB-5 process take?

This varies significantly based on USCIS processing volumes and, for some countries, visa category backlogs, but the process from I-526E petition filing through conditional residence to the I-829 petition removing conditions typically spans several years overall. We give clients a realistic, case-specific timeline rather than a generic figure, since current processing speed varies.

Can my family come with me on these visas?

Generally yes. Spouses and unmarried children under 21 are included as dependants on most of these categories, including EB-5, E-2, and the employment-based green card categories, subject to their own background and eligibility checks.

Working With Aslan Attorney

Aslan Attorney advises Turkish nationals, investors, and businesses on US immigration matters, working alongside US-licensed immigration counsel where representation before USCIS or US consular posts is required. Our services cover route assessment across employment, family, and investment-based categories, EB-5 source-of-funds documentation and project evaluation support, E-2 treaty investor visa planning leveraging Turkey’s treaty status, current guidance on the Gold Card program as its implementation develops, and coordination for clients structuring parallel Turkish and US business or residence plans.

For immigration matters within Turkey itself, see our Immigration to Turkey guide.

Book a consultation WhatsApp | aslanattorney.com | info@aslanattorney.com