Can I start a business and obtain residency in America?
The United States, with its entrepreneurial ecosystem, large market size, and robust legal structure, is one of the most attractive investment destinations in the world. Therefore, many Turkish citizens aim to both generate commercial profit and obtain legal residency by establishing businesses in the US.
However, establishing a company in the US does not automatically residency (Green Card or permanent visa) . This process requires a well-structured investment model, the appropriate visa category, and an application strategy that complies with immigration law.
This article will provide a detailed answer to the question, "Is it possible to obtain residency in America by starting a business?", covering the legal nature of company formation , non-immigrant and immigrant visa pathways , programs such as E-2, L-1, and EB-5 , the advantages and risks of implementation , and tax and reporting obligations
I. Forming a Company in the USA: Legal Steps
You do not need to be a US citizen to set up a company in the US. Foreign investors can also:
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LLC (Limited Liability Company)
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They can conduct legal commercial activity by establishing one of the C-Corp (Corporation) company types
General Establishment Stages:
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Determining the appropriate state (Delaware, Florida, Texas, etc.)
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Appointment of a registered agent
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Preparation of Articles of Organization / Incorporation
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Obtaining an Employer Identification Number (EIN) from the IRS
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Opening a bank account
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Obtaining licenses and permits
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Initiation of actual activities
📌 However: This process is only for commercial activitiesand does not grant a residence permit. To obtain a residence permit, you must apply to an appropriate visa program .
II. Visa Categories That Allow You to Obtain Residency in the USA by Establishing a Company
1. E-2 Investor Visa
Because an investment agreement exists between the US and Turkey, Turkish citizens can apply for an E-2 visa.
Conditions:
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An investment should be made in an active business in the US (generally a minimum of $100,000)
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The investment must be risked, and the business must be operational
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The investor should manage the business directly
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The business should not be “marginal” (it should not only provide a livelihood for the investor)
Advantages:
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A two-year visa is issued, which can be extended indefinitely.
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Visas are also granted to spouses and children under the age of 21
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Spouse can obtain a work permit (EAD)
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Models such as acquiring a franchise are considered suitable
Disadvantage:
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It does not provide a Green Card; however, alternative avenues are possible
2. L-1A Visa (Intra-Company Transfer)
An individual holding a senior management position at a company operating abroad for at least one year can obtain an L-1A visa by transferring to a subsidiary established in the United States as a manager .
Conditions:
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At least one year of experience in a senior management position at the parent company abroad
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Having a subsidiary established and operating in the USA
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The business plan and personnel structure must be ready
Advantages:
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You can apply for a Green Card under the EB-1C category after one year.
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L-1A visa holders can obtain permanent residency in a short time
📌 It is very suitable for Turkish companies with a holding company structure.
3. EB-5 Investor Green Card
It is an immigrant investor program that directly provides Green Cards.
Conditions:
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Minimum $800,000 USD (TEA – targeted regions)
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To provide full-time employment for at least 10 people.
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Investment should be risk-averse
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A conditional Green Card is issued for two years, after which it becomes permanent
Investment methods:
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direct investment in one's own company
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Indirect investment through USCIS-approved “Regional Center” projects
📌 Suitable for entrepreneurs with significant investment power.
III. Does Starting a Company Qualify for a Green Card?
No, simply starting a company does not guarantee a Green Card. However, you can apply for a Green Card through the programs mentioned above.
The most common route:
Start a business with E-2 → grow your business volume → apply for a Green Card with L-1 or EB-2 NIW.
IV. Frequently Asked Questions and Answers
❓ I've established a company in the US, can I get automatic residency?
No. You do not obtain a residence permit without applying for immigration.
❓ Is obtaining just a bank account and EIN (Electronic Invoice) sufficient?
No. These are only necessary for commercial purposes. They have nothing to do with immigration.
❓ What happens if the business is not currently operating but I still apply?
The visa application will be rejected. The business must be real and active
V. Tax and Declaration Obligations
Turkish investors who establish companies in the US may be subject to taxes in both the US and Turkey .
In the USA:
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Federal corporate tax (21% – for C-Corp)
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State taxes
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Sales tax
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Employment taxes
In Türkiye:
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Fully liable individuals are required to declare their worldwide income
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the Double Taxation Avoidance Agreement (1996), taxes paid in the USA are credited in Turkey.
📌 VI. Strategic Recommendations for Success in Practice
✅ Company structure (LLC / C-Corp) should be chosen according to the residency plan
✅ Business plan and financial projections should be prepared in accordance with the immigration file
✅ Immigration lawyer and tax consultant should work together
✅ The process can be accelerated by acquiring a franchise or transferring an existing business
✅ Even if an E-2 or L-1 license is obtained, a plan for transitioning to a Green Card should be prepared
✅ Bank transactions, accounting, and licensing processes must be completed in full
🧾 VII. Example Scenario
Example:
Mr. Ali, who is involved in the textile business in Istanbul, establishes an LLC in Miami and takes over a ready-made dry cleaning business for $150,000. It operates under a franchise system.
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He/She applies for an E-2 visa
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The visa is approved, and he settles in the US with his family
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His/Her spouse gets a work permit
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The business grows, and at the end of the 3rd year, an application for a Green Card is made with the EB-2 NIW
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Permanent residency is granted at the end of the process
Conclusion
Establishing a company in America offers significant opportunities for Turkish investors, both in terms of business growth and immigration. However, to convert these opportunities into residency rights.
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An application must be made for the appropriate visa category,
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The investment should be professionally structured,
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Immigration, trade, and tax law should be handled in a coordinated manner.
The most common methods are:
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E-2 investor visa (low capital – operational businesses)
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L-1A transfer visa (for those with a foreign company)
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EB-5 Investor Green Card (high capital)
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