Read the general pathway comparison overview
A Pointe-des-Cascades business may have a U.S. distribution or service partner. Identify the actual ownership and control before treating the commercial agreement as a qualifying L relationship or the basis for investor authority. A first review should draw two separate maps: an L entity-and-employment map and an E-2 ownership-and-capital map. The decision is which map is supported by records now, rather than selecting a preferred label and fitting the facts afterward. Hypothetical example: a seed-bank inventory software company licenses its platform to a U.S. distributor and plans to send its product architect. The decision is whether the corporate relationship and foreign employment support L, or whether the person instead has treaty ownership, committed capital, and operational control for E-2.
Establish the L relationship and employee record
L needs a qualifying parent, branch, subsidiary or affiliate relationship, not merely a customer or distributor contract. General L also needs a qualifying continuous foreign year within the relevant three years in managerial, executive or specialized-knowledge work and an independently qualifying U.S. role. Required international business must continue; a successful commercial partnership does not supply every condition. Collect corporate formation records and payroll before relying on a commercial narrative. The concrete choice is whether the foreign employer and U.S. entity have the required relationship and whether the individual’s one qualifying foreign year is documented. A distributor invoice may explain revenue, but it does not establish an intracompany transfer.
Identify the E-2 enterprise the person would actually direct
E-2 requires relevant treaty nationality, generally at least 50% relevant treaty-national enterprise ownership and development and direction through qualifying control. Lawful substantial capital must be committed at risk in a real operating nonmarginal business. A right to sell another company’s products does not by itself establish ownership or control of that company. Prepare a current ownership table and a separate spending ledger before describing investor control. The decision is whether treaty nationality and practical direction are shown by the documents, while the capital is truly committed and the business plan is nonmarginal. A licensing right may be commercially valuable without giving the licensee authority over the enterprise.
Keep additional L conditions attached to the actual proposal
Where new-office L-1A applies, the qualifying foreign year must be managerial or executive and sufficient-premises and first-year role evidence are required. Owners or major stockholders need temporary U.S. services and subsequent foreign-assignment evidence. Map the entities and rights before describing the applicant as a transferee or investor; the commercial label is not the category decision. Calculate the person’s remaining L time before treating a transfer as a long-term staffing solution: L-1A is generally capped at seven years and L-1B at five. For E-2, keep the ownership, investment, and operating evidence current because the route does not turn a commercial agreement into investor authority. The route choice should follow the fact pattern, not the hoped-for duration.
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.