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SENNEVILLE · TRANSFER OR INVESTMENT

Testing a passive ownership plan against both routes

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A plan built on holding shares while somebody else runs the business has to be described in functions before it can be compared. Outsourcing part of the work is not automatically fatal. What matters is what the applicant would actually do, and whether those activities answer the question each route asks about the person rather than the company. Hypothetical example: a workshop producing low-vision tactile navigation maps has a foreign owner who has worked abroad for a related company and now wants to buy a separate U.S. studio. The person must decide whether the evidence supports a transfer through qualifying organizations or an investor case built on the new transaction; the facts cannot be blended. A first review produces two separate evidence lists, one for the corporate relationship and foreign employment, and one for treaty nationality, committed funds and operational control. Corporate registers settle the relationship; signed purchase and funding records settle the investment path. Choose a route only after identifying which record proves each governing condition and which future event remains uncertain.

01

Describe the week, not the intention

Write out what the applicant would decide, sign, negotiate, hire or approve, and how often. Then write what an outside operator or management company would handle instead. Calling the arrangement passive is a self-description, not a legal category; the functions are what get assessed. L-1 asks about a managerial or executive role, or one resting on specialized knowledge. E-2 asks whether the investor will develop and direct the enterprise. Both questions are about a person, not a shareholding. A signed authority matrix is more useful than a title alone: it should identify financial, personnel and operating decisions reserved to the applicant.

02

Read the management agreement as evidence

Hypothetical example: a buyer wants a management company to run daily operations while keeping full ownership and reviewing quarterly reports. Collect the draft management agreement, the list of decisions reserved to the owner, signing authority, who hires and dismisses staff, how the operator is paid and how it can be replaced, and how often the applicant would be present. Then ask counsel whether the functions as described fit either route as they stand, and what would have to change. Compare the management agreement with actual calendars, bank authority and personnel records. The written arrangement and daily practice must tell the same story.

03

Check the entity facts on their own terms

L-1 requires a qualifying corporate relationship, one continuous year of qualifying employment abroad within the relevant three-year period, and qualifying operations continuing abroad through the actual structure. E-2 requires treaty nationality for both the investor and the enterprise, a substantial investment committed and at risk, and a real operating enterprise that is not marginal, including through a significant economic contribution. Qualifying E and L spouses are employment-authorized incident to status; children are a separate question. Do not let a business-plan projection replace the route-specific record. Each legal condition needs its own dated evidence and its own decision point.

SOURCE NOTES

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

SENNEVILLE · PATHWAY COMPARISON

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