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PENHOLD · PLANNING GUIDE

Penhold business guide: compare a real transfer with a real investment

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

The tempting error is to build one case out of the best parts of two: the corporate group from the transfer proposal, the capital from the acquisition, the role from whichever side flatters it. Each route has to stand on facts that genuinely belong together — the same employer, the same employee, the same enterprise, the same money. Compare the arrangements whole, and only then choose between them.

01

Keep the L-1 employee and corporate facts together

Hypothetical example: an applicant holds a management position in a Canadian firm and is separately negotiating to buy a U.S. distributor with two unrelated partners. The employment record supports an L petition only if that petition concerns the Canadian firm’s own U.S. entity: there must be a genuine parent, branch, subsidiary or affiliate relationship, both sides doing business, and a continuous full-time year abroad within the preceding three years in managerial, executive or specialized-knowledge work, with U.S. days excluded from the count. The U.S. position is then assessed on its own merits — primarily managerial or executive for L-1A, or specialized knowledge of that company’s product, process or procedure for L-1B. The distributor purchase contributes nothing to that case, because the buyer is not the employer.

02

Keep E-2 funds and directing rights with the enterprise

Read the acquisition on its own terms next. E-2 requires the investor to be a national of a treaty country and requires nationals of that country to own at least 50% of the enterprise, which is a real constraint where partners hold the balance. The investor must develop and direct the business, ordinarily through half the equity or another qualifying form of operational control, so a minority buyer facing vetoes has a problem rather than a detail. The capital must be lawful, substantial for this business, and committed irrevocably at risk, with no set minimum. The business must be actual and operating and more than marginal: more than a minimal living for the investor and family, or a significant economic contribution. An intention to depart when E status ends remains part of the picture, and E-2 leads to no permanent residence.

03

Use the actual launch stage in the comparison

Two further differences settle most of these comparisons. The first is timing and duration. An L new office, meaning under a year of U.S. trading, is approved initially for twelve months and must show premises and capacity to support a managerial or executive role within that year for L-1A, or the ability to pay and begin business for L-1B; a new-office L-1A additionally requires the beneficiary’s qualifying year abroad to have been managerial or executive work specifically, whereas E status may be extended while the enterprise keeps qualifying. The second is what each route does for the household and where it ends: qualifying L and E spouses are employment-authorized incident to status, while L-1A runs to a seven-year ceiling and L-1B to five. However carefully the comparison is made, it authorizes no work before the status exists.

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