Read the general pathway comparison overview
A Markstay-Warren applicant might be offered a company transfer while separately negotiating a personal acquisition. Describe each arrangement on its own before comparing L-1 and E-2. Money committed to a purchase and time worked for an employer answer different eligibility questions.
Build the transfer from employment and company facts
For L-1, establish the qualifying corporate relationship, continuing US and foreign business and a continuous full-time qualifying foreign year within the relevant three years. US days do not count toward that year, though brief visits do not automatically interrupt it. Assess the actual US managerial, executive or specialized-knowledge role. A personally owned target business does not automatically become a qualifying affiliate of the applicant’s employer.
Build the investment from nationality, control and risk
E-2 requires relevant treaty nationality, at least 50% relevant national enterprise ownership and the applicant’s development and direction. Trace lawful source and path for substantial at-risk capital; there is no universal minimum. A real, nonmarginal enterprise must support more than minimal household living or the applicable economic-contribution standard. Inspect seller restrictions, financing and the operating budget instead of treating a signed purchase agreement as proof of all those conditions.
Compare the actual activities after each decision
Write down who would employ the applicant and which business the applicant would work for under each plan. L authorization is tied to the qualifying arrangement; E-2 is not unrestricted permission to operate other ventures and requires intent to depart when E status ends. Canadian citizens generally need an E visa even though another category may offer a different process. A strong case under one proposal does not automatically authorize work connected with the other.
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.