US visa options for founders expanding to the US: E-2, L-1A and O-1

If you plan to lead your US expansion in person, the US visa options for founders expanding to the US usually narrow to three: the E-2 treaty investor visa, the L-1A intracompany transferee visa with its new office version, and the O-1A for individuals with extraordinary ability. Which of these is realistic depends on your nationality, your history with the company and how your US entity is connected to the parent. This guide sets out the facts from official US government pages as of October 2026.

A US company is not a US work permit

Incorporation and immigration are two projects. You can form a Delaware company, get an EIN and open a business bank account without setting foot in the US. None of that gives anyone the right to live or work there.

The same applies to tax numbers. The IRS states that an ITIN does not authorize work in the US and does not change immigration status. It exists for people who need a US taxpayer number for federal tax purposes and are not eligible for a Social Security number.

The two projects do meet in one place: structure. The L-1A route is built around a qualifying organization abroad and a related office in the US, so the way you connect the parent and the US company matters. If you are still deciding between a US subsidiary and moving your holding company to Delaware, read US subsidiary vs Delaware flip and raise the visa question with counsel before anything is filed.

E-2 treaty investor: check your country first

The E-2 category is tied to countries that hold a qualifying treaty with the United States. The State Department publishes the list in the Foreign Affairs Manual at 9 FAM 402.9. The version read for this article is update CT:VISA-2190, dated February 17, 2026.

On that list, Sweden, Norway, Denmark, Finland, the Netherlands, Belgium, Germany, France, the United Kingdom and Estonia all show E-2 treaty status. The dates differ. Denmark's E-2 entry dates from December 10, 2008, Finland's from December 1, 1992 and Estonia's from February 16, 1997, while the United Kingdom's dates back to July 3, 1815.

India is not on the list for either E-1 or E-2. An Indian founder therefore cannot use the E-2 route on the basis of Indian nationality, and should look at the L-1A and O-1 instead.

Two details are easy to miss. First, the entries for Norway, the Netherlands, the United Kingdom, France and Denmark carry footnotes about territorial coverage, so check them if you hold a passport from an overseas territory. Second, treaty status is only the first gate. The other E-2 requirements are set out in the State Department's guidance, and an attorney should assess your case against them.

L-1A: moving an executive or manager, including to a new office

The L-1A is for intracompany transferees. According to USCIS (page last updated August 31, 2026), the employee generally must have worked for a qualifying organization abroad for one continuous year within the three years before admission, and must be coming to the US in an executive or managerial capacity.

There is a specific version for companies opening a new US office. The employer must have secured sufficient physical premises to house the new office, and the US office must support an executive or managerial position within one year of the petition being approved. A new office petition allows a maximum initial stay of one year. Outside the new office case, the initial stay can be up to three years, with extensions in increments of up to two years and a maximum of seven years in total.

The criteria on the USCIS page concern the employee's history and role, not nationality. That makes the L-1A relevant for founders from countries without an E-2 treaty, India included.

The L-1A new office route also has a commercial consequence. The premises requirement means a fixed cost before you may have US revenue, and the one-year horizon means the US office has to grow quickly enough to support a managerial role.

O-1A: extraordinary ability in business

USCIS describes the O-1A as a classification for individuals with an extraordinary ability in the sciences, education, business or athletics. The source here is the USCIS O-1 page, last reviewed March 3, 2023.

The petition is filed on Form I-129 by a US employer, a US agent, or a foreign employer through a US agent, at least 45 days before the employment starts. The initial period is up to three years, with extensions in increments of up to one year. On evidence, the page says the record must include at least three different types of documentation from those listed in the regulations. Whether your track record meets that standard is a judgment for an immigration attorney, not a checklist exercise.

Matching the route to your situation

In summary, per the official pages cited above (9 FAM 402.9 of February 17, 2026; USCIS pages updated August 31, 2026 and reviewed March 3, 2023):

A founder who has run a Swedish or German company for several years may, on paper, have both the E-2 and the L-1A open. The choice then turns on how much capital goes into the US company, whether a US office will be leased early, and how long the founder expects to stay.

A founder from India starts with the L-1A and the O-1A. A founder who joined the company recently may not yet meet the L-1A requirement of one continuous year abroad within the last three years, which can make timing the deciding factor.

What to prepare before you meet counsel

A clear brief makes the advice more specific. Bring:

• Your exact employment dates with the parent, its ownership structure and your planned US role.
• Your entity plan: subsidiary or flip, state and shareholders.
• Whether you have or plan premises.
• For the O-1A, evidence of your professional record.

Fit the visa plan to the commercial plan

The visa decision often pulls in fixed costs, such as an office lease or a senior hire, earlier than the commercial evidence justifies. Decide what really needs to happen in person in the first year and when, then ask counsel what your chosen status allows. Greatweek's International Expansion work covers the commercial half: assessing demand, prioritizing buyers, route to market and the local build of first hires and partners. The free US Market Entry Playbook helps with sequencing. For the wider case for and against a US entity, see the benefits of incorporating in the US.

Frequently asked questions

Is India an E-2 treaty country?

No. In 9 FAM 402.9 (update dated February 17, 2026), India is not listed for E-1 or E-2 treaty status. Founders who rely on Indian nationality usually look at the L-1A or O-1A instead.

Can I get a US visa by setting up a Delaware company?

No. Forming a US company does not by itself give anyone the right to live or work in the US. A company can be part of an E-2, L-1A or O-1 case, but each route has its own criteria.

How long can I stay on an L-1A for a new office?

USCIS sets a maximum initial stay of one year for a new office petition. Other L-1A petitions allow up to three years initially, with extensions in up to two-year increments and a maximum of seven years in total.

Does an ITIN allow me to work in the US?

No. The IRS states that an ITIN does not authorize work in the US or change immigration status.

Greatweek is not an immigration firm and does not give legal advice. If you want help sequencing the commercial side of your US launch around these decisions, book a 20-minute US Entry Review through our contact page. Confirm every visa question with a qualified US immigration attorney before you act, because rules and processing practice change.