Read the general pathway comparison overview
A Saint-Amable operator may obtain a franchise or licence to use a U.S. brand. Read the actual enterprise ownership and decision rights instead of assuming the brand agreement creates an intracompany transfer or investor eligibility. A first review should compare the corporate-control documents with the investor’s ownership, the employee’s foreign work history, and the operating commitments. Hypothetical example: a ceramic kiln-control manufacturer may buy a brand licence while its founder also seeks to move an employee from a related foreign company. The decision is whether the records support the qualifying L relationship, the E-2 investor enterprise, or neither, before money is committed to the wrong pathway.
Test the real L relationship
L requires a qualifying parent, branch, subsidiary or affiliate relationship, not merely the right to use a name or sell a product. General L also requires the individual’s qualifying continuous foreign year within the relevant three years in managerial, executive or specialized-knowledge work and an independently qualifying U.S. role. The required international business must be established. Start with share registers, formation documents, and control rights before assessing brand use. The practical decision is whether these records establish a qualifying L relationship or an E-2 enterprise with the required ownership, control, and capital.
Test the actual investor enterprise
E-2 requires relevant treaty nationality, generally at least 50% relevant treaty-national ownership and development and direction through qualifying control. Substantial lawful funds must be committed at risk in a real operating nonmarginal enterprise. Franchise fees or brand recognition alone do not establish all of those conditions; assess the applicant’s enterprise and genuine rights. Start with share registers, formation documents, and control rights before assessing brand use. The practical decision is whether these records establish a qualifying L relationship or an E-2 enterprise with the required ownership, control, and capital.
Preserve conditions specific to a launch or owner
New-office L-1A needs managerial or executive foreign employment, sufficient premises and evidence supporting the U.S. role within one year. An owner or major stockholder also needs temporary U.S. services and subsequent foreign-assignment evidence. Identify the legal entities, rights and evidence behind the branded operation before choosing the category. Start with share registers, formation documents, and control rights before assessing brand use. The practical decision is whether these records establish a qualifying L relationship or an E-2 enterprise with the required ownership, control, and capital.
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.