LLC Ownership and Visas: E-2, L-1 and EB-5 Basics

The short answer

Owning a U.S. company does not give anyone the right to live in the United States. It can be part of the evidence for certain visas.
E-2 treaty investor: a national of a treaty country who invests a substantial amount of capital in a bona fide U.S. enterprise and enters solely to develop and direct it, with at least 50% ownership or operational control.
L-1A: an executive or manager transferred to a U.S. branch, subsidiary or affiliate of the foreign employer, generally after one continuous year of work abroad in the last three.
EB-5: USCIS states standard minimum investments of $1.8 million, or $900,000 in a targeted employment area, and a plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
Immigration cases turn on individual facts: consult an immigration attorney before forming a company for a visa.

Table of contents

What a company can and cannot do
E-2 treaty investor
L-1A intracompany transferee
EB-5 immigrant investor
Choosing the structure
What officers look for
What MyUSAService offers
Frequently asked questions

Many founders ask whether forming a U.S. LLC or corporation helps them get a visa. The company can be part of the case for some visas, but it is never enough by itself, and forming one before understanding the visa is a common and costly mistake.

This article summarizes what USCIS says about three business-related categories. It is general information, not immigration advice: eligibility depends on your nationality, your history and your plans, so an immigration attorney should review your case.

What a company can and cannot do

A U.S. company can show that you have a real business: a legal entity, a bank account, contracts, and later payroll and taxes. It does not create eligibility. Each visa has its own conditions, and officers assess the person, the investment and the business as a whole.

E-2 treaty investor

According to USCIS, the E-2 classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. The investor must:

Be a national of a country with a qualifying treaty or agreement with the United States. The Department of State publishes the list.
Have invested, or be actively investing, a substantial amount of capital in a bona fide enterprise in the United States.
Seek to enter solely to develop and direct the investment enterprise, shown by at least 50% ownership of the enterprise, or by operational control through a managerial position or other corporate device.

The enterprise must be a real, active, for-profit business. It must not be marginal, meaning it must have the present or future capacity to generate more than a minimal living for the investor and family. USCIS does not set a fixed minimum amount: what counts as substantial depends on the facts. [Certo]

L-1A intracompany transferee

The L-1A is for executives and managers transferred within the same corporate group. USCIS states that the employer must have a qualifying relationship with a foreign company, such as a parent, branch, subsidiary or affiliate, and must be doing business in the United States and in at least one other country. The employee must generally have worked for the qualifying organization abroad for one continuous year within the three years before admission, and enter to work in an executive or managerial capacity.

For a founder, that means the foreign company and the U.S. company must be related, and the foreign business must be real and continuing. Forming an unrelated U.S. company does not create the relationship.

EB-5 immigrant investor

The EB-5 program leads to permanent residence. USCIS describes it as requiring an investment in a U.S. commercial enterprise and a plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. USCIS states that the standard minimum investment is $1.8 million, and $900,000 for an investment in a targeted employment area. Future adjustments follow inflation and occur every five years. Check the USCIS page for the current amounts before planning.

Choosing the structure

LLC: flexible and quick to set up. See our comparison of LLC and corporation tax treatment.
Corporation: fits companies that plan to issue shares or raise investment.
State: choose according to where the business operates: see the best state to form an LLC.

Structure matters for ownership. For the E-2, for example, the percentage of ownership or the operational control is part of the test. Ask an attorney how to structure it before you form the company.

What officers look for

Real operations: contracts, customers, a bank account, a lease when needed.
Evidence of the investment: transfers, purchases, invoices, and capital actually at risk.
A business plan that fits the activity.
Compliance: the company keeps its filings up to date. See our guide to annual compliance requirements.
Payroll and tax records if you hire. See U.S. payroll compliance.

What MyUSAService offers

MyUSAService forms U.S. LLCs and corporations for owners abroad and keeps them compliant. We do not provide immigration legal services: work with an immigration attorney for the visa, and with us for the company. The Startup package costs $2,200, with state fees included in the first year for Florida and Wyoming. Prices as of September 2026.

Frequently asked questions

Does forming a U.S. LLC give me a visa?

No. A company can be part of the evidence for some visas, but it never grants one.

What is required for an E-2 visa?

Treaty-country nationality, a substantial investment in a real, active business, and entry solely to develop and direct it, with at least 50% ownership or operational control.

Can I use an LLC for an L-1 visa?

Only if the U.S. company has a qualifying relationship with your foreign employer, and you meet the L-1A conditions.

How much do I need to invest for an EB-5?

USCIS states $1.8 million as the standard minimum and $900,000 in a targeted employment area, with 10 permanent full-time jobs.

Should I form the company before talking to an attorney?

Usually after. The structure and ownership can matter for the visa, and changing them later can be costly.

Can your LLC support a visa application?

Talk for 30 minutes, free of charge, with a MyUSAService consultant.

No obligation
Consultation in English
30 minutes
We review how ownership affects eligibility

Sources

First published November 10, 2025. This article is general information, not tax advice for your situation. MyUSAService packages and prices | Book a free call