Read the general pathway comparison overview
Owning a U.S. business does not by itself supply either route. L-1 turns on a qualifying company relationship, your own qualifying employment abroad and the role you would fill; E-2 turns on treaty nationality, a substantial at-risk committed investment and your ability to develop and direct the enterprise. Where an external manager runs operations and you plan occasional visits, the file has to describe your actual personal role and what each planned activity requires.
Describe what you personally do, in detail
Set out your decision rights rather than your share certificate: who hires and dismisses, who sets prices, who signs contracts and bank instructions, what requires your approval, and what the hired manager decides alone. Distinguish oversight exercised through a board from day-to-day direction of the business. For E-2, the develop-and-direct question is about the position and control the investor actually holds, and control and ownership are assessed on the facts rather than settled by a percentage alone. Write the answer as it will be after the manager is in place, not as it is during the launch.
Test the L-1 facts against your history, not the company's
Being a shareholder is not employment. For L-1, identify one continuous year of qualifying employment with a qualifying organization abroad within the relevant three-year period, assessed on your own dates, and describe the duties you actually performed. Then describe the U.S. role you propose to fill, and check whether it is the same role you intend to delegate to the hired manager. If the proposal would rest on specialized knowledge instead, that means special knowledge of the organization's interests and their international application, or advanced knowledge of its processes and procedures.
Treat the visits as activities to be assessed
Hypothetical example: a shareholder living in Boisbriand plans to visit the U.S. business for a few days each quarter while the hired manager handles operations. Write down what would happen on those days: meetings, reviewing accounts, signing documents, training staff, meeting customers. Ask which of those activities require work authorization on your facts, and under which classification, rather than assuming ownership entitles you to perform them. Keep in mind that a filing, a visa, an admission and effective work authorization are distinct, so confirm what each visit would depend on before booking a pattern of travel.
What else is on your mind?
Does being a business owner or director qualify me for L-1A?What employment history should an L-1 transfer review cover?What makes a new-office L-1A case different?How should an owner compare L-1 and E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.