Read the general pathway comparison overview
A Delson applicant may be both employed by a company and personally interested in its U.S. expansion. Describe the actual proposed work and capital arrangement before selecting L or E-2 from a business card. Choose only after testing both legal theories against the same operating facts. A first review should identify whether the U.S. role needs a qualifying corporate transfer or an investor’s own commitment to a business, then flag facts that support one theory but weaken the other. Hypothetical example: A Danish citizen owns a company that repairs marine navigation instruments and has directed it abroad for several years. The concrete decision is whether the U.S. function will be a transfer into a qualifying affiliate or an investment the person will develop and direct. Share ledgers, foreign payroll, purchase agreements and the operating plan settle different parts of that choice. An L case requires a full qualifying year with the foreign organization during the three-year lookback; L-1A has a seven-year maximum and L-1B a five-year maximum. For E-2, capital must be committed irrevocably, continue to face business risk and support a nonmarginal operation.
Examine the transfer duties and history
L requires the qualifying company relationship and foreign employment as well as the proposed managerial, executive or specialized-knowledge role. The required business must continue in the United States and abroad. A small investment interest does not establish or replace those conditions. Reconstruct the foreign employment month by month before comparing investment options. A corporate title or ownership interest cannot substitute for the qualifying work record.
Examine the investor’s authority and commitment
E-2 requires treaty nationality, qualifying ownership, substantial lawful capital at risk and a real nonmarginal enterprise the principal will develop and direct. Employment in the enterprise does not automatically establish the investor’s ability to direct it. Identify the investor’s treaty-country nationality and the actual control position. A preference for E-2 cannot repair an ownership structure that does not support it.
Explain the different capacities accurately
Show the actual duties, ownership and decision-making powers without treating employee and investor as interchangeable labels. If the L applicant owns or is a major stockholder, assess the additional temporary-services and subsequent foreign-assignment evidence. Keep the final arrangement consistent with the chosen case. Decide which duties will be performed on day one and record them consistently. Describing a transfer role as passive investment, or the reverse, creates avoidable conflict.
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.