Visas to Expand Business in the USA: L-1, E-2, and EB-5

The expansion of business operations to the United States remains one of the most sought-after strategies by entrepreneurs worldwide. The American market offers legal security, access to capital, consumers with high purchasing power, and a robust ecosystem of innovation and technology. However, operating legally in the US requires more than just opening a company: it is necessary to align the corporate structure with the correct visa and comply with specific immigration requirements from the very first step.

Three visa categories dominate the business expansion landscape to the US: the L-1 for intracompany transfers, the E-2 for investors from treaty countries, and the EB-5 for investments that grant a Green Card. Each route has distinct requirements, costs, and strategic implications.

L-1 Visa: Executive Transfer

The L-1A visa is the main immigration tool for companies already operating outside the US that wish to transfer executives or managers to open or manage a branch, subsidiary, or affiliate in the US. The L-1B, in turn, serves employees with specialized knowledge of the company’s products, processes, or internal systems.

The fundamental requirements for the L-1A include:

• Proven corporate relationship between the foreign company and the US entity (parent, subsidiary, branch, or affiliate)
• The transferee must have worked at the foreign company for at least 1 of the last 3 years in an executive or managerial role
• The position in the US must be of an executive or managerial nature
• The US company must be operating or have a concrete operational plan

The maximum stay with L-1A is 7 years; with L-1B, 5 years. Petition fees (Form I-129) vary according to company size: $1,385 for companies with more than 25 employees and $695 for smaller or nonprofit companies. Premium processing, which guarantees a response within 15 business days, costs an additional $2,965 starting March 2026.

An important strategic advantage of the L-1A is its eligibility as a basis for the EB-1C Green Card (multinational executive or manager), which allows transition to permanent residency without the need for labor certification (PERM).

E-2 Visa: Treaty Investor

The E-2 visa is intended for citizens of countries that maintain a treaty of commerce and navigation with the United States. The applicant must invest a substantial amount in a real and operating business in the US and actively participate in the management of the company.

A critical point for Brazilian citizens: Brazil does not have a trade treaty with the US that enables the E-2. Brazilians wishing to access this category must have dual citizenship from an eligible country, such as Italy, Portugal, Spain, Japan, or any of the more than 80 countries with an active treaty.

Main features of the E-2:

• There is no legally defined minimum investment amount; the standard is substantial relative to the type of business, generally starting at $100,000
• The investment must be irrevocably committed to the operation and at real commercial risk
• The business must be real, operating, and generate significant economic activity (cannot be marginal)
• Renewable indefinitely as long as the company continues operating
• The spouse of the holder receives automatic work authorization in the US
• The E-2 does not lead directly to a Green Card: it is a non-immigrant visa with no direct immigration path

EB-5 Visa: Green Card by Investment

The EB-5 program is the direct investment route to permanent residency in the US. The investor and their immediate family (spouse and unmarried children under 21) receive a Green Card after petition approval.

The minimum investment amounts in 2026 are:

• $800,000 in projects located in Targeted Employment Areas (TEAs), which are rural areas or those with high unemployment rates
• $1,050,000 in projects outside TEAs

In addition to the investment itself, the applicant must demonstrate that the capital will generate at least 10 full-time jobs for American workers. Government fees are significant: Form I-526E costs $11,160, adjustment of status (I-485) costs $1,440 per person, and removal of conditions (I-829) costs $9,525.

The EB-5 program does not require the investor to personally manage the company. Passive investments in Regional Centers authorized by USCIS are accepted, making this route accessible for investors who do not wish to operate a business on a daily basis.

Legal Structure in the US

The choice of business structure in the US should consider both tax and immigration aspects. The two most common forms are:

• LLC (Limited Liability Company): flexible, with pass-through taxation and asset protection. Ideal for smaller operations and directly managed businesses. Compatible with E-2 and L-1 visas.
• Corporation (C-Corp): preferred structure for raising external investment, issuing shares, and scalability. Corporate taxation with the possibility of double taxation on dividends. More suitable for startups and businesses with aggressive growth plans.

The chosen structure must be compatible with the intended visa. For the L-1, it is necessary to demonstrate a formal corporate relationship between the foreign company and the US entity. For the EB-5, the structure must allow for the accounting of jobs created and tracking of the investment.

The Immigration Business Plan

The business plan for immigration purposes goes beyond conventional financial projections. USCIS and consulates assess whether the business is viable, whether it will generate jobs, and whether the applicant will perform a role compatible with the requested visa. An effective business plan for immigration purposes should include:

• Market analysis and economic viability based on real data
• Financial projections for 3 to 5 years with documented assumptions
• Hiring plan with a job creation timeline
• Detailed description of the applicant’s executive or managerial role
• For new L-1 companies: operational plan for the first year with concrete and measurable milestones

Generic plans without market data, with unrealistic projections, or without clear demonstration of the applicant’s executive role are a recurring cause of denials by USCIS.

Errors That Jeopardize the Project

Business expansion to the US often fails not due to lack of capital, but because of avoidable immigration planning mistakes. The most common include:

• Opening a company in the US without a defined visa strategy, resulting in a corporate structure incompatible with the intended category
• Under-capitalizing the business to save money, leading to denial for insufficient investment
• Using a B-1/B-2 visa to operate a business, an expressly prohibited activity that can result in deportation and inadmissibility bars
• Not aligning the job description with visa requirements, especially for L-1A where the role must be demonstrably executive or managerial
• Hiring employees without verifying work eligibility (compliance with Form I-9)

Successful expansion requires integrated planning on legal, tax, and immigration fronts from the outset. Choosing the correct visa is not a bureaucratic step: it is a strategic decision that defines the structure, required investment, and the viability of the entire project in the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.