Read the general pathway comparison overview
An employment plan and a purchase proposal may share some documents while requiring different evidence. Identify the actual person, enterprise and activity before comparing L and E-2.
Read the employment record as an individual history
For L, confirm the qualifying parent, subsidiary, branch or affiliate relationship and continuing U.S. and foreign business. The employee generally needs a continuous full-time year abroad within the relevant preceding three years, in managerial, executive or specialized-knowledge capacity under the ordinary rule. Brief U.S. trips need not break continuity, but U.S. days are excluded from the foreign year. The requested U.S. role must itself qualify in the L subcategory; an ownership agreement does not establish the employee’s completed duties.
Read the investor’s control and capital as separate facts
E-2 requires relevant treaty nationality, normally at least 50% relevant treaty-national enterprise ownership, and development and direction through at least 50% ownership or other qualifying operational control. Lawful substantial funds must be genuinely committed at risk in a real nonmarginal enterprise. Nonmarginality concerns more than minimal investor-and-family living or significant economic contribution, with future capacity generally realizable within five years. An employer’s willingness to fund a transfer is not automatically the applicant’s treaty investment.
Avoid combining unrelated resources into one proposal
Hypothetical example: a manager has a related-company assignment and is considering an acquisition with another partner. Keep the employer’s staff and the purchased enterprise’s finances distinct unless an actual arrangement connects them. For an L owner or major stockholder, address temporary U.S. services and a subsequent foreign assignment. Identify the unresolved facts before selecting the route; a commercial signature cannot authorize either set of activities.
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.