Esports Entrepreneurs and Investors

E-2 and L-1 Visa Petitions for Esports Entrepreneurs and Investors

Esports innovators are helping to create and direct one of the world’s most exciting and fun industries. Every day bright minds all around the world are inventing new platforms to present gaming experiences, programs to make the esports industry more marketable, and of course games for the masses to play. Professional gamers get a lot of the glory in the esports industry, but there many esports professionals behind the scenes who create the games, platforms, and markets for professional esports players to thrive. Our law firm specializes in helping esports innovators and investors obtain appropriate non-immigrant visas to access the United States market. 

Esports entrepreneurs, and their employees, may be able to take advantage of the E-2 treaty investor visa or the L-1 intra-company transfer visa to obtain proper work authorization in the United States. The E-2 visa is appropriate for esports professionals who come from E-2 visa countries and make a substantial investment into an enterprise in the United States. The L-1 visa is appropriate for esports professionals who operate and manage a business overseas and set up a subsidiary in the United States. Both programs provide helpful and robust immigration status for esports entrepreneurs to stay in the United States with the appropriate work authorization to grow business.

About the E-2 Treaty Investor Visa for Esports

The E-2 treaty investor visa is only available to esports professionals from countries that have a treaty with the United States to participate in the program. The beneficiaries of the E-2 visa must make a substantial investment in the business that is proportional to the operational needs of the business and the size of the beneficiary’s family. The investment in the business does not have to be just cash, the investment can be the contribution of tangible and/or intangible assets to the E-2 enterprise. 

Benefits of the E-2 Visa for Esports 

• Non-immigrant status is maintained for the duration of business operations

• Employees with same nationality of entrepreneur may be able to obtain E-2 status

• Spouse and children can obtain derivative status 

About the L-1 Visa for Esports

The L-2 treaty investor visa may be an option for esports professionals from almost any countries who own or work for a foreign enterprise that sets up a commonly owned business in the United States. The foreign enterprise must have been in operation for over three years, and the beneficiary must have worked for the foreign company for at least one year. The beneficiary of the L-1 visa must either be an executive of the business or an employee with special skills. The L-1 visa can be appropriate for foreign esports companies that are newly formed in the United States or already operational. Esports related subsidiaries in the United States that are in operation for over one year allows for longer authorization status for L-1 beneficiaries. 

Benefits of the L-1 Visa

1.    Less red tape for traveling to the United States – Visitor visas have a lot of limitations and are becoming more difficult to obtain, especially for business people in emerging markets. 

2.    Work Authorization – Visitor visas do not permit a foreigner to legally work in the United States. The L visa comes with a work authorization while the family members of an E visa holder can also obtain work authorization.

3.    Period of Stay – Visitor visas usually only authorize 6 months of visitation at a time and the beneficiary can risk losing the visa if they stay in the United States too long. Both the L and E visa permit lengthy periods of stay for foreign nationals.

4.    Legal Permanent Residence – There are direct and indirect avenues for foreign nationals to obtain legal permanent residence (“green card”) through the L and E visa programs.

5.    Education – Many foreigners invest copious amounts of money to facilitate their children being able to receive an education in the United States. Children of E and L beneficiaries may attend school in the United States. 

 6.    Access to Finance – In many cases, it is easier for a foreign business to receive more affordable financing through an entity domesticated in the United States rather than in their home country.

7.    Transfer Workers – Both the L and E-1 visa have features that allow for the transfer of employees, which facilitates business growth and training.