The Best Ways to Obtain Residency After Establishing a Company in the US
The United States of America (USA) attracts global investors not only because of its economic size but also because of its favorable legal infrastructure for establishing businesses. Many foreign entrepreneurs begin their commercial activities in the USA LLCs (Limited Liability Companies) or Corporations (C-Corps) . However, establishing a company does not automatically residency rights in the USA .
This article will examine the most suitable and feasible residency pathways , visa types , Green Card alternatives , and legal considerations for Turkish investors and entrepreneurs who have established or wish to establish companies in the US, within the framework of immigration law as of 2025 .
I. Does Starting a Company Grant Residency in the US?
Short answer: No.
Establishing a company or becoming a partner in a business in the United States does not automatically grant immigration rights. The US does not have a "invest to get automatic residency" system in its immigration policies.
However, after establishing a company, for eligible investor and work visas . These visas a Green Card (permanent residency) and subsequently citizenship in the long term.
II. The Most Affordable Ways to Obtain Residency After Establishing a Company in the USA
1. E-2 Investor Visa (Treaty Investor Visa)
This visa, available to citizens of countries with investment treaties with the US, is the most convenient and common way to obtain residency by establishing a company
✔ Who can apply?
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Being a citizen of the Republic of Türkiye (in a country with E-2 treaty status)
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To establish an active and real business in the United States or to acquire an existing business
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The investment must be "substantial" (meaningful and at risk)
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The business should be operational activity, not passive investment
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The investor controls the business
✔ Features of the E-2 Visa:
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It is usually granted for 2 years, but can be extended indefinitely.
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Spouses and children also receive visas (spouses may obtain a work permit in the US)
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It does not provide a Green Card; however, it is possible to pursue other avenues later
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Generally, an investment between $100,000 and $200,000 is considered appropriate.
Franchise businesses are a frequently chosen and approved business model for the E-2 visa.
2. L-1A Visa (Intra-Company Executive Transfer)
If you are a partner or director of a company operating outside the United States, you can obtain residency by transferring to a branch, subsidiary, or affiliate established in the United States as a director
✔ Terms and Conditions:
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Having worked in a managerial/senior role for at least one year at a company abroad
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The company established in the US is a subsidiary, affiliate, or branch
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The company in the US must be actively operating and creating a management position
✔ Advantage:
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L-1A holders can apply for an EB-1C Green Card after one year
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Family members also have the right to reside and work in the US
This is the most suitable corporate transition path for business people who have an active company in Türkiye.
3. EB-5 Investor Green Card
EB-5 is an immigration pathway that directly leads to a Green Card (permanent residency). It is suitable for entrepreneurs with high capital who want to establish a company and make investments.
✔ Terms and Conditions:
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Minimum investment: $800,000 USD (in targeted investment zones – TEA)
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Employment of at least 10 full-time US citizens or Green Card holders.
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The investment should be "risk-averse and active"
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After a 2-year temporary Green Card, full permanent residency rights are granted
Investment can be made directly or as a passive EB-5 investment through a USCIS-approved Regional Center
4. O-1 Visa (For Individuals with Exceptional Abilities)
the person establishing the company exceptional talent (science, business, art, sports, etc.), they can apply for an O-1 visa through their own company.
✔ Example:
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A software developer or engineer with international achievements
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If the projects he/she managed have publicly demonstrated success
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If media visibility and award certificates are available
The O-1 visa can later be converted to an EB-1A Green Card.
5. H-1B or H-1B Self-Sponsorship
A person who establishes a company in the United States a work visa (H-1B) . However:
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The company is real and independent,
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The applicant can be considered as an employee,
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It must be proven that adequate salaries will be paid
H-1B applications are subject to quotas and a lottery system. However, companies with university partnerships are exempt from these restrictions.
III. Erroneous Assumptions and Legal Disclaimers
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You cannot obtain a visa or residence permit simply by establishing a company
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Passive investment (such as buying real estate) does not grant immigration rights
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Opening a bank account, obtaining an EIN, or paying taxes does not grant visa status
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Working in the United States without applying for immigration illegal employment and is punishable by law.
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In E-2 applications, the veracity and risk of the investment are carefully examined
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If a visa application is rejected, the right to appeal is limited
IV. Strategic Recommendations for Implementation
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✅ The business plan should be prepared in detail and explain the rationale behind the investment
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✅ A suitable structure for the visa application should be established in collaboration with an immigration lawyer
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✅ Company type (LLC / C-Corp) should be selected in line with the session objective
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✅ The process should be accelerated by evaluating franchise or ready-made business takeover options
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✅ Actions should be taken considering the US accounting system and IRS compliance
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✅ Planning for transitioning to a Green Card should be done after the residency period
V. Conclusion
Establishing a company in the US is a significant step for Turkish entrepreneurs. However, converting this step into legal residency in the US requires not only investment but also the right visa strategy, a suitable company structure, and strong legal support
The most common and convenient methods are:
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E-2 investor visa (for those establishing an active business)
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L-1A management transfer (for those with companies abroad)
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EB-5 Green Card investment (for high-capital investors)
To ensure all these processes are handled correctly, a lawyer specializing in US immigration law is extremely important.
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