Read the general pathway comparison overview
A Saint-Basile-le-Grand manager may have broad employment responsibilities but no ownership of the proposed U.S. enterprise. Separate authority delegated as an employee from the actual ownership and control arrangement in an E-2 investor case. The first review should compare two evidence maps rather than two labels. The L map begins with the qualifying organizations, the foreign employment year and the proposed employee role; the E-2 map begins with treaty nationality, enterprise ownership, control and capital. Hypothetical example: a commercial greenhouse glazing firm wants its operations director to relocate while a relative will fund the U.S. company. The decision is whether the facts describe an employee transfer, an investor arrangement, or neither without changes to ownership and duties.
Identify the L employee’s role and qualifying history
General L requires the qualifying continuous foreign year within the relevant three years in managerial, executive or specialized-knowledge work. The U.S. role must qualify independently, supported by a qualifying corporate relationship and required international business. Personal share ownership is not a universal requirement for an employee transfer. Make a timeline from the foreign payroll and role records, then match it to corporate documents showing the organizations’ qualifying relationship. The required foreign employment is generally one continuous qualifying year during the three years before the request. Decide whether the transferee’s actual work and the U.S. assignment are independently supportable before treating ownership as relevant.
Identify the E-2 investor’s actual legal arrangement
E-2 requires treaty nationality, generally at least 50% relevant treaty-national enterprise ownership and development and direction through qualifying control. Substantial lawful funds must be committed at risk in a real operating nonmarginal enterprise. A job title alone does not establish the investor’s authority; examine the rights and actual transaction rather than assuming that any manager is an investor. Read the share register, voting rights, operating agreement and capital trail together. E-2 requires the applicant to have treaty nationality and the enterprise generally to have at least 50% qualifying treaty-national ownership, with genuine capacity to develop and direct it. Decide whether the signed transaction gives that control and puts substantial lawful capital at risk in a real non-marginal enterprise.
Retain the additional conditions where they apply
For a new-office L-1A proposal, verify the foreign managerial or executive year and the premises and resources that will support the U.S. position within one year. A transferee who owns or holds a major share of the business also needs evidence of temporary U.S. services followed by a foreign assignment. Keep delegated workplace powers, ownership rights and those additional requirements on separate lines; the same management title cannot answer all three. Use separate worksheets for the new-office rules, the applicant’s employment history and the investor facts. L-1A time is generally capped at seven years, while L-1B time is generally capped at five years; neither cap determines E-2 eligibility. The reader must decide which category’s governing conditions the actual facts satisfy instead of combining selected features from both.
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.