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SAINTE-CATHERINE · PLAN THE NEXT STEP

Identify whether a proposed adviser will be an employee transferee or an investor directing the enterprise

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Sainte-Catherine project may describe its proposed U.S. operator as an adviser. Explain the real employment, ownership and duties rather than treating that flexible title as a category of its own. A first comparison should yield evidence lists for a qualifying transfer and for treaty-investor ownership and control. For L-1, the individual needs one qualifying foreign year during the three years before the request; L-1A is generally limited to seven years and L-1B to five. For E-2, the enterprise must be real and not marginal, and funds must be irrevocably committed; they must also be at risk. Decide which facts can be proved without recasting the relationship.

01

Assess the actual L employment and role

General L requires the qualifying continuous foreign year within the relevant three years in managerial, executive or specialized-knowledge work, an independently qualifying U.S. role and a qualifying corporate relationship with required international business. An advisory title or commercial relationship does not itself establish qualifying employment. Assess the underlying record without imposing a conclusion from the label alone. Hypothetical example: a marine-survey software company wants its Canadian product lead to open the U.S. market while she also purchases a minority interest. The share register, employment agreement and authority matrix determine whether the plan is a transfer, an investor arrangement, or neither. She and the company must choose one accurate role description.

02

Assess the investor’s actual authority and commitment

E-2 requires relevant 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. Advice to someone else’s business is not itself evidence that the person holds the required investor control or capital commitment.

03

Preserve additional conditions for a launch or owner

Prepare a role record before choosing a label: the proposed employer, who directs the work, who owns the venture, what the person will deliver, and what each agreement actually says. Resolve a difference between the consulting contract and the immigration proposal openly. If relying on new-office L-1A, retain the foreign managerial or executive year, premises and first-year role-support evidence. For an owner or major stockholder, temporary U.S. services and a subsequent foreign assignment also matter. A title can remain the same while the underlying relationship fails the route being considered.

SOURCE NOTES

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

SAINTE-CATHERINE · PATHWAY COMPARISON

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