Read the general pathway comparison overview
A U.S. commercial agreement can involve a brand used by a Canadian business without creating a qualifying transfer relationship. Compare the actual ownership, employee history and investment rights before relying on either route.
Ask whether the proposed transfer has the L foundation
L-1 needs qualifying related entities and continuing business in the United States and at least one other country. Generally the employee needs a continuous full-time foreign year within the relevant preceding three years in managerial, executive or specialized-knowledge work; U.S. days do not count. The U.S. role separately must qualify as primarily managerial or executive for L-1A, or specialized knowledge for L-1B. Brand affiliation is not enough.
Ask whether the investor has the E-2 foundation
E-2 needs relevant treaty nationality and at least 50% enterprise ownership by nationals of that treaty country. The investor must develop and direct through at least 50% ownership or other qualifying operational control. Substantial lawful funds must be committed at risk in a real, nonmarginal business; no universal minimum applies. The enterprise must support more than minimal living for the investor and family or a significant economic contribution. Intent to depart when E status ends remains required.
Let the actual launch stage shape the next evidence
An L new office has less than one year of U.S. doing business and initial approval of at most one year. L-1A specifically requires the foreign year to be managerial or executive, sufficient premises and support for the qualifying role within one year of approval. L-1B needs premises and financial ability to pay the worker and begin business. E-2 instead requires examination of the actual commitment, control and enterprise. Neither a franchise start date nor a business purchase automatically supplies work 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.