Turkish Citizenship and the United States E-2 Visa: The Three-Year Domicile Requirement

Türkiye Is a United States Treaty Country

Türkiye holds treaty investor status with the United States, and that status has been in continuous force since 18 May 1990, while treaty trader status has been in force since 15 February 1933. Neither status has been withdrawn.

The E-2 category is open to nationals of treaty countries and permits its holder to enter the United States in order to develop and direct an enterprise to which the investor has committed a substantial amount of capital. It is this combination of treaty status and entrepreneurial access that leads many investors to consider Turkish citizenship in the first place.

What Changed in December 2022

On 23 December 2022, the Congress of the United States amended the Immigration and Nationality Act by Public Law 117-263, Division E, Title LIX, section 5902(b), which altered section 101(a)(15)(E) of that Act, codified at 8 U.S.C. 1101(a)(15)(E).

The amendment introduced a requirement of domicile. It applies where an applicant acquired the treaty nationality through a financial investment, and it applies only where that applicant has not previously been granted status in the category. Such an applicant must have been domiciled in the treaty state for a continuous period of not less than three years before applying.

This requirement extends to the treaty trader category as well as to the treaty investor category, and a spouse and children take their status from the principal applicant.

Who the Requirement Reaches

Two conditions must both be present before the requirement applies. The applicant must have acquired the nationality through a financial investment, and the applicant must not previously have been granted status in the category. Where either condition is absent, the requirement does not apply.

Turkish citizenship acquired through the bank deposit route or through the real estate route constitutes nationality acquired through a financial investment. An investor taking either route should therefore consider the requirement at the outset of planning, and not after the passport has been issued.

The Three-Year Period

The statute requires a continuous period of not less than three years completed at any point before the application; it does not require that the period be the three years immediately preceding the application. A qualifying period completed earlier may therefore satisfy the condition.

How the requirement applies to any particular investor depends upon that investor's own circumstances. It is a question of fact, and it is assessed on the file.

How Turak Law Office Assists

The firm advises investors who hold Turkish citizenship, or who intend to acquire it, and who wish to apply for a United States E-2 visa.

That assistance covers the Turkish side of the matter in full, and it extends to the coordination of the application itself, to the preparation of the supporting documentation, and to the conduct of the application before the United States consulate in Türkiye. Where an investor's plan requires it, the firm also advises on the establishment and evidencing of residence in Türkiye, and on the Turkish company, banking, and property arrangements upon which such a plan depends.

Turkish citizenship applications currently take approximately four to six months across all pathways, as confirmed by the office's own practice.

Consultation

Whether the domicile requirement affects a given investor, and how a plan should be arranged so that it is satisfied, are matters that turn upon the individual file. They are assessed in consultation, and not in a published article.

Attorney Abdulsamed Burak Turak, İstanbul Bar Association, will review your position and advise on the Turkish and consular steps. Appointments are arranged through the contact page.

This article is published for general information only. It does not constitute legal advice, and it expresses no conclusion on any person, application, or pending proceeding. Turak Law Office assumes no responsibility for decisions taken on the basis of this text, and the reader remains responsible for verifying that the information is current at the time of reading, since legislation and administrative practice change. Certainty on any individual position can be obtained only in consultation, and an appointment with Attorney Abdulsamed Burak Turak may be arranged through the contact page of the office.

Frequently Asked Questions

Is Türkiye a United States E-2 treaty country?

Yes. Treaty investor status has been in force since 18 May 1990, and treaty trader status has been in force since 15 February 1933.

What did the 2022 amendment change?

Public Law 117-263, section 5902(b), amended section 101(a)(15)(E) of the Immigration and Nationality Act. Where the treaty nationality was acquired through a financial investment, and the applicant has not previously held status in the category, the applicant must have been domiciled in that state for a continuous period of not less than three years before applying.

Must the three years fall immediately before the application?

No. The statute requires a continuous period of not less than three years completed at any point before the application.

Does the requirement apply to both Turkish investment routes?

Yes. Citizenship acquired through the bank deposit route and citizenship acquired through the real estate route each constitute nationality acquired through a financial investment.

Does Turak Law Office assist with the E-2 application?

Yes. The firm advises on the Turkish side of the matter, coordinates the application, prepares the supporting documentation, and attends to the application before the United States consulate in Türkiye.

Sources and References

• Public Law 117-263, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Division E, Title LIX, section 5902(b), 136 Stat. 3440, 23 December 2022. congress.gov
• 8 U.S.C. 1101(a)(15)(E), Immigration and Nationality Act section 101(a)(15)(E), as amended. uscode.house.gov
• United States Department of State, Treaty Countries table. Türkiye: E-1 in force 15 February 1933, E-2 in force 18 May 1990. travel.state.gov
• Processing-time statement (approximately four to six months, all pathways): confirmed by the office's practice, 10.08.2026.