How Entrepreneurs with Intellectual Property (IP) Can Use E-1 and E-2 Visas to Expand and Grow Their Business in the U.S.

How Entrepreneurs with Intellectual Property (IP) Can Use E-1 and E-2 Visas to Expand and Grow Their Business in the U.S.

One of the most powerful, but often overlooked, tools for expanding your business with valuable intellectual property (IP) is through the E-1 and E-2 visa categories.

These treaty-based U.S. visas allow foreign nationals from certain countries to enter and work in the U.S. based on either substantial trade (E-1) or a business investment (E-2). When combined with a strong IP strategy, these visas can become the launchpad for growing your brand, scaling operations, and accessing the U.S. market legally and strategically.

In this blog, we’ll explain how entrepreneurs who own IP can qualify for E-1 or E-2 visas, how to structure their businesses accordingly, and why IP is a valuable asset in building a strong visa application.

What Are E-1 and E-2 Visas?

The E-1 Treaty Trader Visa allows nationals of treaty countries to enter the U.S. to engage in substantial international trade, especially between the U.S. and their home country.

The E-2 Treaty Investor Visa allows treaty country nationals to invest a substantial amount of capital in a U.S. business and come to the U.S. to develop and direct that enterprise.

Both visa types are:

  • Non-immigrant, meaning they do not directly lead to a green card (though they can be renewed indefinitely)
  • Flexible, allowing you to work for your own business
  • Spouse-friendly, as spouses can apply for work authorization

And most importantly for entrepreneurs, both categories can work in tandem with your intellectual property holdings.

Using IP to Strengthen Your E-1 or E-2 Visa Case

Many global entrepreneurs don’t realize that their trademark, patent, software code, or other IP can be a strong asset for their U.S. business plan.

Here’s how:

1. For E-1 Visa Applicants: IP Can Be the Basis of Trade

If your business is engaged in international licensing, software-as-a-service (SaaS), distribution of products protected by IP, or franchising models, that may qualify as “trade” under the E-1 visa.

Examples:

  • Licensing a patented invention from your home country to U.S. distributors
  • Selling digital software subscriptions (protected by copyright or IP rights) to U.S. customers
  • Operating a cross-border e-commerce store selling trademarked products

The key requirement: more than 50% of the total trade must be between your home country and the U.S.

2. For E-2 Visa Applicants: IP Can Be a Qualifying Investment

Under the E-2 visa, your “substantial investment” in the U.S. doesn’t have to be physical inventory or real estate. It can also include the intellectual property you own and are deploying to grow a business.

Examples:

  • Registering a U.S. corporation and licensing your own foreign-held IP to it
  • Developing a U.S.-based brand using your existing trademarks
  • Opening a franchise in the U.S. using a business model you own

In this case, your IP is part of what makes your business viable and credible to U.S. immigration officials.

Structuring Your Business for E-1 or E-2 Visa Success

To use IP effectively in your visa application, you’ll need a solid business and legal strategy. Here are key steps:

1. Form a U.S. Entity

Typically, E-2 investors and E-1 traders set up a U.S. LLC or corporation. This business should:

  • Be majority owned by nationals of the treaty country
  • Have a physical or virtual presence in the U.S.
  • Demonstrate actual or imminent business operations

2. Use Licensing Agreements Wisely

If your IP is owned by a foreign entity or individual, you can license it to your U.S. business, creating a clear commercial arrangement that immigration officers can evaluate. This is particularly useful for:

  • SaaS entrepreneurs
  • Franchise owners
  • Product designers or inventors

Tip: Always document fair market value and terms clearly in the agreement.

3. Create a Professional Business Plan

Your business plan should show how the IP contributes to:

  • Generating U.S. revenue
  • Hiring U.S. workers
  • Creating long-term economic impact

Include financial forecasts, marketing strategy, and hiring timelines, ideally with the help of a professional.

4. Demonstrate Active Operations

Immigration officers look for “real and operating” businesses. This means you should:

  • Show actual clients or contracts
  • Provide screenshots of websites, platforms, or software
  • Include proof of marketing, product development, or prototypes

Real-Life Example: IP-Driven E-2 Success

Let’s say you're a tech entrepreneur in Canada with a patented AI-based software platform used for supply chain optimization. You’ve sold it successfully in Europe and want to bring it to the U.S. market.

Here’s what you can do:

  • Set up a U.S. subsidiary
  • License your software IP to the U.S. company
  • Invest in marketing, U.S. staff, and infrastructure
  • Apply for an E-2 visa as the principal investor

Your patented software, in this case, is the primary asset your U.S. company uses to generate revenue. It adds both credibility and value to your application.

Why IP and Immigration Lawyers Should Collaborate

It’s important to note that most immigration law firms don’t handle IP, and most IP law firms don’t do immigration. That’s why smart entrepreneurs work with a legal team that understands both, or professionals who can refer and collaborate effectively.

For instance:

  • An IP attorney can help you protect your brand or invention
  • An immigration attorney can help you structure your visa case using that IP
  • Together, they make sure your business is legally protected and immigration-compliant

Use Your IP to Unlock U.S. Growth

If you're an entrepreneur sitting on valuable intellectual property, think about how you can use your IP to enter or grow in the U.S. market. 

The E-1 and E-2 visa programs offer an accessible, flexible way to build a business, live in the U.S., and bring your innovations to a global stage, without needing a traditional employer sponsor or massive capital injection.

With the right strategy and legal support, your IP could become the key to your U.S. expansion.

Ready to Explore the E-1 or E-2 Visa?

If you’re a founder, creator, or investor with IP and a global vision, I’d love to help you explore your options:  Book a strategy session

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