The United States legal environment is never static — but the period between 2025 and 2026 has brought an unusually dense wave of regulatory and legislative change. For Turkish companies, investors, and entrepreneurs with U.S. operations or expansion plans, staying ahead of these developments is not optional. It is a matter of legal compliance, financial exposure, and competitive positioning.

This article summarizes the most consequential legal changes across corporate law, immigration, tax, real estate, and trade — with a focus on how each development affects Turkish nationals and businesses operating in the American market.

One of the most significant compliance obligations introduced in recent years, the Corporate Transparency Act (CTA) requires most U.S. companies — including LLCs, corporations, and limited partnerships — to file Beneficial Ownership Information (BOI) reports with the Financial Crimes Enforcement Network (FinCEN).

What changed in 2025–2026:

Following a series of court injunctions and legislative amendments, the CTA enforcement timeline was revised multiple times. As of mid-2026, the following rules apply:

• Existing companies formed before January 1, 2024 must file their initial BOI report.
• New companies formed in 2024 or later must file within 90 days of formation.
• Foreign nationals who are beneficial owners of U.S. entities — including Turkish investors holding 25% or more of a U.S. company — must be disclosed by name, date of birth, address, and passport number.

Why this matters for Turkish investors:

Many Turkish entrepreneurs structure their U.S. operations through single-member LLCs or holding companies. Under the CTA, these structures are no longer anonymous. Failure to file — or filing inaccurate information — carries civil penalties of up to $591 per day and criminal penalties of up to $10,000 and two years imprisonment.

ULF New York strongly recommends that all Turkish clients with U.S. entities conduct an immediate compliance audit to confirm their BOI filing status.

U.S. immigration policy has undergone significant changes affecting the visa categories most commonly used by Turkish nationals.

The E-2 visa remains one of the most accessible pathways for Turkish entrepreneurs to live and work in the United States. Turkey and the U.S. maintain a bilateral treaty of commerce that qualifies Turkish nationals for E-2 status. In 2025–2026, USCIS has:

• Increased scrutiny on the "substantiality" of investment, particularly for service-based businesses. Investments below $100,000 face heightened documentation requirements.
• Extended processing times at U.S. consulates in Ankara and Istanbul, with average wait times reaching 6–9 months for new applications.
• Tightened the "marginality" standard, requiring applicants to demonstrate that the business will generate income beyond what is needed to support the investor's family.

For Turkish professionals in technology, academia, arts, and business, the O-1 visa has become an increasingly important pathway. USCIS issued updated policy guidance in 2025 clarifying that:

• Social media metrics (followers, engagement) may be considered as evidence of extraordinary ability in certain fields.
• Peer review and judging of others' work — including serving on startup pitch panels or academic review committees — qualifies as a criterion.
• High salary relative to peers in the field remains one of the strongest evidentiary pillars.

The EB-5 Regional Center Program, reauthorized under the EB-5 Reform and Integrity Act, continues to evolve. Key 2025–2026 developments include:

• The minimum investment amount for Targeted Employment Areas (TEAs) remains at $800,000, while non-TEA investments require $1,050,000.
• Set-aside visa categories for rural and high-unemployment areas have reduced wait times significantly for investors from oversubscribed countries — though Turkish nationals currently face no backlog.
• Integrity fund fees and enhanced USCIS oversight of Regional Centers have increased due diligence requirements for investors.

The Foreign Investment in Real Property Tax Act (FIRPTA) continues to impose a withholding obligation on the sale of U.S. real property by foreign persons. In 2025, the IRS clarified several important points:

• Withholding rate remains at 15% of the gross sales price for transactions above $1 million.
• Reduced withholding certificates (Form 8288-B) can be filed to reduce withholding where the actual tax liability is lower — but processing times have extended to 90–120 days.
• LLCs owned by foreign persons are treated as foreign persons for FIRPTA purposes unless they have made a valid U.S. tax election.

The OECD's Global Minimum Tax framework (Pillar Two) — which establishes a 15% minimum effective tax rate for multinational enterprises with revenues above €750 million — has been adopted by the European Union and many OECD members. While the United States has not yet enacted domestic Pillar Two legislation, Turkish parent companies of U.S. subsidiaries may be subject to top-up taxes in Turkey or other jurisdictions where they operate.

Turkish holding companies with U.S. subsidiaries should work with their tax advisors to model the Pillar Two impact on their effective tax rate and consider whether any restructuring is warranted.

Several U.S. states — particularly New York, California, and New Jersey — have enacted or proposed changes to their corporate income tax, franchise tax, and pass-through entity tax regimes. For Turkish companies with U.S. operations:

• New York's pass-through entity tax (PTET) election allows S-corporations and partnerships to pay state tax at the entity level, providing a federal deduction that partially offsets the SALT cap for individual owners.
• Economic nexus rules have expanded, meaning Turkish companies selling goods or services into U.S. states may have state tax filing obligations even without a physical presence.

New York City has advanced legislation targeting high-value second homes owned by non-residents. The proposed Pied-à-Terre Tax would impose an annual surcharge on residential properties valued above $5 million that are not the owner's primary residence. Turkish investors with Manhattan apartments should monitor this legislation closely, as it could materially affect the carrying cost of U.S. real estate holdings.

New federal legislation has introduced new disclosure requirements for residential real estate transactions, including:

• Mandatory disclosure of all offers received on a property within a specified period.
• Restrictions on pocket listings and off-market sales that disadvantage retail buyers.
• Enhanced anti-discrimination protections in algorithmic pricing tools used by landlords and property managers.

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) has continued to expand the Entity List and tighten export controls on dual-use technologies. Turkish companies involved in defense, semiconductors, advanced manufacturing, or artificial intelligence must conduct careful export control compliance reviews before importing U.S.-origin technology or components.

The U.S. Treasury's Office of Foreign Assets Control (OFAC) has issued new guidance on secondary sanctions risk for non-U.S. companies. Turkish businesses that transact with sanctioned parties — even indirectly — may face U.S. dollar clearing restrictions and reputational consequences. A robust sanctions compliance program is no longer optional for Turkish companies with U.S. banking relationships.

Turkish companies with U.S. employees or contractors face an increasingly complex employment law environment:

• Non-compete agreements have been severely restricted following the FTC's 2024 rule (currently subject to ongoing litigation). Turkish companies should review and revise their U.S. employment agreements accordingly.
• AI in hiring: Several U.S. states and New York City have enacted laws requiring bias audits of AI-powered hiring tools. Turkish companies using algorithmic screening must ensure compliance.
• Minimum wage increases: Federal minimum wage remains at $7.25/hour, but most major U.S. states and cities have enacted significantly higher rates. New York City's minimum wage reached $17/hour in 2025.

Navigating the U.S. legal landscape requires more than awareness — it requires a trusted legal partner who understands both the American regulatory environment and the specific needs of Turkish businesses and investors.

ULF New York provides comprehensive legal services across all of the areas discussed in this article, including:

• Corporate compliance and BOI filing support
• Immigration strategy for E-2, O-1, EB-5, and L-1 visa applicants
• Tax structuring for foreign investors in U.S. real estate and business
• Trade compliance and export control advisory
• Employment law guidance for Turkish companies with U.S. workforces

If you have questions about how these legal changes affect your U.S. operations or investment plans, we invite you to schedule a consultation with our team.

Contact ULF New York: 📍 Rockefeller Center, New York, NY 📞 +1 (646) 421-9966 🌐 ulfnewyork.com/contact