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SAINT-PHILIPPE · PLAN THE NEXT STEP

Identify the decision-maker rather than relying on who presents the business plan

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Saint-Philippe proposal may be presented by a person who will not hold the final operating authority. Determine the intended applicant, work and rights before comparing L and E-2. Start with a person-by-person comparison. The first review should identify whose foreign employment, nationality, investment funds and operating authority are being relied on, then match those facts to one route. Combining the strongest facts of an owner and an employee does not create eligibility for either person.

01

Identify the person who would take the L assignment

General L requires that individual’s continuous qualifying foreign year within the relevant three years in managerial, executive or specialized-knowledge work, plus a qualifying U.S. role. The qualifying corporate relationship and international business also matter. Preparing the presentation is not evidence that the presenter holds the required employment record. Hypothetical example: a museum-lighting conservator has worked abroad for an affiliate, while the investor spouse owns the proposed U.S. gallery. The family must decide whether the conservator's qualifying employment supports L or whether the spouse's treaty ownership and control supports E-2, without merging the roles.

02

Identify the person who would develop and direct as an investor

E-2 requires actual qualifying control and treaty ownership, with lawful substantial capital committed at risk in a real nonmarginal enterprise. Record who holds the relevant rights and how the proposed applicant qualifies. A person may understand the business well without holding the investor’s authority. For L, assemble the corporate ownership records, foreign payroll and duty evidence before comparing business plans. The pivotal decision is whether one individual completed the required continuous foreign employment year in the relevant three-year period and will perform a qualifying U.S. role for the related organization.

03

Build the comparison from documented responsibilities

List who approves funding, staffing and contracts, who performs the U.S. work and which records establish those facts. New-office L-1A adds its specific managerial or executive foreign year, sufficient premises and first-year role evidence; owners or major stockholders need temporary-services and subsequent foreign-assignment evidence. Resolve an unclear applicant identity before combining the strongest facts from different people. For E-2, establish treaty nationality, qualifying ownership and real control, then trace substantial lawful funds into a commitment exposed to loss. The enterprise must be more than marginal, and the investor must direct and develop it; a plan for a passive return points away from that structure. Compare time limits and future goals as well as entry requirements. L-1A is generally limited to seven years and L-1B to five; E-2 does not itself supply a direct permanent-residence route, so the applicant must decide whether the available evidence and longer-term objective fit the selected category.

SOURCE NOTES

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

SAINT-PHILIPPE · PATHWAY COMPARISON

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