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NAIRN AND HYMAN · PLANNING GUIDE

Compare the founder’s employer role with a separate partnership investment

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Nairn and Hyman founder may have both a company transfer proposal and an opportunity to invest with a partner. Do not combine partially established facts from the two arrangements into a supposedly complete immigration case.

01

Identify the actual transferring group

L-1 requires a qualifying corporate relationship, continuing business in the United States and abroad, and a continuous full-time qualifying foreign year within the relevant three years. Exclude US days while not automatically interrupting continuity for brief trips. Assess the US managerial, executive or specialized-knowledge assignment. A personal acquisition is not automatically an affiliate of the foreign employer.

02

Identify the actual investment rights

E-2 requires treaty nationality, at least 50% relevant national enterprise ownership and development and direction. Trace lawful source and path for substantial at-risk capital in a real, nonmarginal business; no universal investment minimum applies. Equal votes and unequal funding need an explanation under the signed terms. A strong employment history cannot supply missing investor control or capital commitment.

03

Compare the authorized activity, not just the application route

Identify which entity the applicant would work for and what duties each proposal involves. New-office L rules depend on less than one year of doing business and require their own support. E-2 requires intent to depart when status ends, and Canadian citizens generally need an E visa. Permission for one arrangement is not unrestricted authority to undertake the other.

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