E-2 Visa: How to Leverage Intangible Assets (IP, Licensing, Branding) in Your Investment

Traditionally, the E-2 Visa is associated with the purchase of furniture, inventory, or commercial leases. However, in 2026, the economy is increasingly digitized. For many entrepreneurs in tech, luxury, or services, the core value brought to the United States lies in intangible assets.

Can you obtain an E-2 visa without investing $100,000 in physical equipment? The answer is yes, provided you adhere to very strict evidentiary rules.

1. The "Substantial" Investment Rule and Intangibles

For a consular officer, the investment must be substantial in relation to the total cost of establishing the business. If you are launching a software company, your servers may cost little, but your Intellectual Property (IP) is worth gold.

• The Principle: You can count the value of your patents, copyrights, or source code as part of your invested capital.

  
  

• The Condition: These assets must have been developed prior to the transfer or acquired at fair market value. You must prove that you are the legal owner and that they have been "irrevocably committed" to the U.S. enterprise.

  
  

2. Contributing Patents and Licenses for a E-2 visa

If you are transferring technology from a foreign country to a U.S. subsidiary, the value of the license can constitute the bulk of your investment.

• Independent Appraisal: You cannot simply assign an arbitrary price. In 2026, the Department of State requires reports from independent experts or recognized valuation methods (cost, income, or market approach) to justify the value of the IP.

  
  

• Licensing Agreements: An exclusive licensing agreement between your French holding company and your U.S. E-2 entity is strong evidence, especially if it includes royalties or a capital contribution.

  
  

3. Valuing Branding and Trade Secrets

Branding and trade secrets are more complex to have accepted, but they are admissible.

• Pre-operational Marketing Expenses: Monies spent on brand design, trademark filings with the USPTO, and the creation of a visual identity are counted.

  
  

• Commitment of Funds: For branding to be considered an investment, it must be accompanied by real expenditures. The officer wants to see invoices paid to agencies, consultants, or specialized attorneys.

  
  

4. The Trap of Passive Investment

One of the major risks with intangible assets is being perceived as a passive investor. The E-2 visa requires the investor to come to "direct and develop" the business.

• Strategic Adjustment: Your Business Plan must demonstrate how this IP will generate revenue and create jobs on U.S. soil. A patent sitting in a drawer is not enough; it must be at the heart of an active operating cycle.

  
  

Key Requirements for Your Filing

Presenting an investment based on intangibles requires rigorous legal documentation:

1. Traceability: Prove the source of funds used to develop the IP.

2. Valuation: Produce a certified expert appraisal report.

3. Transfer: Formally document the transfer of ownership or licensing to the U.S. entity.

   
   

The Bottom Line

As a specialized attorney, I often find that filings based on intangibles are scrutinized more heavily than "classic" cases. The key to success lies in the ability to quantify what is, by definition, invisible, while respecting the financial risk criteria required by E-2 regulations.

An intangible investment that is poorly documented is the leading cause of denials for "non-substantial investment." Contact The Deltin Law Firm today to schedule a consultation to evaluate your intangible assets and define the best legal strategy for your visa.