A U.S. company can be part of the business plan behind some employment or investor visa categories, including E-2 and L-1. The authorities assess the investment, ownership, company activity and the applicant’s role; this guide explains where company formation fits into those steps.
E-2 visa: investment in an operating business
The E-2 category may be relevant to some people investing in a U.S. business. The U.S. Department of State lists general requirements that include nationality from a qualifying treaty country, an enterprise with the nationality of that treaty country, investment of a substantial amount of capital, and developing or directing a real, operating commercial enterprise. In general, at least 50% of the enterprise must be owned by nationals of the treaty country. The investment must be committed to the business; money left uncommitted in an account is not enough by itself.
Eligibility can depend on the applicant’s nationality, the company’s ownership, the capital invested, the business plan and the person’s role. Forming an LLC with a small investment or no commercial activity does not automatically make its owner eligible. There is no single investment amount that guarantees approval for every business; whether an investment is substantial is assessed in context.
L-1 visa: transfer within an international company
The L-1 category covers certain transfers of personnel between related companies, such as a U.S. parent, branch, subsidiary or affiliate and a foreign business. USCIS reviews the relationship between the entities, whether the organization does business in the United States and at least one other country, and whether the person worked full time for the foreign organization for at least one continuous year during the previous three years in a qualifying executive, managerial or specialized-knowledge role.
Opening an LLC without a related foreign company, real business activity and a qualifying position therefore does not create an L-1 path by itself. New-office cases also require evidence about the operation, investment and proposed role.
Company formation is one part of a wider immigration and business plan. Confirm the relevant category, ownership, investment and operating requirements with a qualified immigration attorney before deciding on the company structure.
Plan company formation alongside your immigration strategy
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Ask an immigration attorney whether your nationality and circumstances fit a specific category.
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Validate the business plan, investment and commercial activity before committing capital.
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Confirm which entity should own the business and how it must relate to any foreign company.
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Consider taxes and ongoing obligations in the United States and your country of residence.
Valls Solutions helps with company formation and some administrative steps. We are not an immigration law firm and do not prepare or file visa applications. Consult a qualified immigration attorney about eligibility or an immigration strategy.
If your business plan also includes forming a U.S. company, see our LLC formation process and Wyoming package pricing. We also coordinate formations in other states and confirm their scope and price before work begins. For tax responsibilities, read our guide to LLCs and taxes.
Official sources
Sources checked October 5, 2026. Requirements can change; confirm the current rules with official pages and a qualified attorney.