Skip to content
HUDSON · PLAN THE NEXT STEP

Clarify who controls the business after a proposed minority share purchase

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Hudson executive may consider buying a minority interest in the U.S. company while arranging a transfer. Document the actual ownership and decision rights after closing. A personal investment does not automatically establish E-2 direction or replace the corporate relationship required for L. Start from what the buyer would be able to decide alone after closing, then read the categories against that. Where operating decisions still rest with the majority holder, the L analysis is the one that fits the facts. Where the buyer would genuinely direct the enterprise, the investor route becomes worth pricing. The share percentage is where this discussion starts, not where it ends. Answer that first.

01

Draw the actual before-and-after structure

Identify the owners, share interests and genuine governance rights of the relevant foreign and U.S. entities. Hypothetical example: the applicant acquires shares but a separate agreement reserves operating decisions to another owner. Read the agreements together rather than treating the purchase percentage as the entire control analysis.

02

Keep the L individual and organization tests intact

Generally, L requires one continuous qualifying foreign year within the relevant preceding three years, a qualifying company relationship and continuing required international business. The foreign capacity can generally be managerial, executive or specialized knowledge; the proposed U.S. role must independently qualify. New-office L-1A specifically requires foreign managerial or executive work and its additional new-office evidence. An owner or major stockholder needs applicable temporary-service and subsequent foreign-assignment evidence.

03

Apply the E-2 investor test to the actual rights

E-2 requires relevant treaty nationality, qualifying treaty ownership and development and direction through the actual qualifying control arrangement. Lawful substantial capital must be committed at risk in a real nonmarginal enterprise. Neither a minority interest nor its label determines the complete result by itself. Identify the rights and evidence that establish the proposed investor’s authority without assuming that an L managerial title supplies them.

04

Decide whether the purchase changes the corporate relationship

A share purchase can quietly disturb the very link an L transfer depends on. Where the buyer acquires shares personally rather than through the foreign employer, the two companies may no longer stand in a qualifying relationship, and the transfer that was being planned loses its foundation. Map the ownership before and after on one page, and ask whether the relationship survives the transaction. Where it does not, the choice between routes has already been made for you.

05

Decide where the purchase money comes from

Hypothetical example: an executive at a livestock nutrition group is offered a minority stake and intends to fund it with a loan from the United States company itself. That arrangement raises questions on both routes at once: capital borrowed against the enterprise’s own assets does not count as the investor’s investment, and a loan from the enterprise itself invites the same scrutiny. Settle the funding source before agreeing a price.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

HUDSON · PATHWAY COMPARISON

Your next conversation, from Hudson.

Bring your questions about work, business or family plans. Explore the guides at your own pace, then discuss the evidence and professional advice appropriate to your circumstances.

Speak with the USAvisa team
A CONVERSATION IS A GOOD PLACE TO START.

WHAT’S YOUR
NEXT CHAPTER?

Tell us where you are today.
Let’s talk about where you want to go.

Book a free consultation Or call +1 438 544 6276