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SABLES-SPANISH RIVERS · PLANNING GUIDE

Greater Sudbury guide: compare missing facts before comparing L-1 and E-2

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

If the proposal is incomplete, the useful first comparison is which facts each route requires and whether those facts can be established. Do not confuse a missing document with an underlying requirement the actual arrangement does not meet.

01

Define the two proposals without mixing them

Hypothetical example: a project leader is considering a related-company transfer and separately evaluating a business purchase funded by asset sales. Record the employer, ownership, duties and investment in each proposal. A qualifying company relationship in one plan cannot be silently borrowed to support a different transaction.

02

Identify the decisive evidence for each route

L-1 requires the qualifying organizational relationship, relevant foreign employment and a qualifying managerial, executive or specialized-knowledge role. E-2 requires qualifying treaty nationality, committed substantial capital at risk and the enterprise the applicant will develop and direct. More paperwork cannot create a qualifying relationship or transform a fundamentally different job. For E-2, lawful capital, qualifying enterprise nationality and a real nonmarginal business must also be established. L-1 requires the qualifying continuous foreign year and continuing international business; neither is supplied merely by an offer.

03

Choose the next evidence task deliberately

Ask which unresolved fact could change the route: actual authority, individual specialized knowledge, collateral terms or ownership. Include family work and study needs in the comparison. Qualifying E and L spouses may be employment-authorized incident to status with appropriate documentation, while dependent children do not gain work permission solely through those statuses. Review commitments after the consequential questions are understood.

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