Read the general pathway comparison overview
When spouses with different citizenships own a business, establish each person's actual nationality instead of treating the marriage certificate as nationality evidence. Trace how that ownership affects the enterprise's treaty nationality and record each spouse's own employment history. Those separate records support a comparison between an L-1 transfer and an E-2 investment.
Document ownership as it is actually held
Produce the share register or operating agreement, the classes of interest, the voting rights attached to each, the dates each holding was acquired and what was paid for it. Record every citizenship each spouse holds, with passports, and note which holdings stand in one name, in both, or are held through another entity or a trust. Where an interest is held indirectly, follow the chain through to the individuals. A statement about who runs the business is not a substitute for the register.
Distinguish a majority stake from control
These are different ideas and they can point in different directions. A percentage above half is not automatically control where a shareholder agreement, a special voting share or a deadlock provision places decisions elsewhere; and control can exist at or below half through voting arrangements. For E-2, the nationality of the enterprise turns on ownership by treaty nationals, and questions of ownership and control are assessed on the specific facts. Set out the percentages and the decision-making arrangements separately, and ask about each of them in its own right.
Separate each spouse's employment history from the couple's
Hypothetical example: two spouses in Pointe-Claire each hold half of a company; one has worked in it full time for several years while the other is a shareholder employed elsewhere. For an L-1, the qualifying year of employment abroad within the relevant three-year period belongs to the individual being transferred, alongside a qualifying relationship between the organizations. It cannot be borrowed from a spouse. Qualifying E and L dependent spouses are employment-authorized incident to their valid status with proper I-94 evidence, which is a separate matter from either spouse's ownership. Prepare each person's employment record — dates, duties, payroll — on its own.
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.