Read the general pathway comparison overview
A proposal originally framed as a company transfer may later become an investment, or vice versa. The route should be reassessed using the actual revised facts rather than preserved because preparation began under one label.
Identify whether the transfer conditions still exist
L-1 requires a qualifying corporate relationship and continuing U.S. and foreign business. Generally one continuous full-time foreign year in the relevant preceding three years may be managerial, executive or specialized knowledge; exclude U.S. days. The proposed U.S. role separately must satisfy L-1A managerial or executive duties or L-1B specialized knowledge. A changed title cannot preserve eligibility if the actual role no longer matches.
Identify whether the investment conditions actually exist
E-2 requires relevant treaty nationality, at least 50% enterprise ownership by nationals of that treaty country, and the investor’s direction through at least 50% ownership or other qualifying operational control. Lawful substantial capital must be committed at risk in a real nonmarginal enterprise; there is no universal fixed minimum. The business must support more than minimal living for the investor and family or a significant economic contribution, and intent to depart when E status ends is required.
Review the launch facts under the chosen route
For L new-office treatment, U.S. doing business is less than one year and initial approval is at most one year. L-1A requires the foreign year specifically managerial or executive, sufficient premises and support for the qualifying role within one year of approval. L-1B requires premises and ability to pay the worker and begin business. E-2 instead needs the actual committed investment and enterprise evidence. Neither a restructuring announcement nor a revised purchase agreement supplies immigration permission.
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: 2026-09-08. General preparation guidance, not an individual assessment.