Read the general pathway comparison overview
A Sables-Spanish Rivers applicant comparing a transfer with a business purchase should identify the legal organizations involved. An asset transaction can create an investment proposal without creating the employer relationship required for L-1.
Trace the employment route through real entities
L-1 needs a qualifying parent, branch, subsidiary or affiliate connection, continued US and foreign business, and a continuous full-time qualifying foreign year within the relevant three years. US days do not count, though brief trips need not interrupt continuity. Assess the actual managerial, executive or specialized-knowledge US role. A buyer cannot assume that selected assets carry the seller’s entire corporate relationship.
Trace the investor route through capital and rights
E-2 requires treaty nationality, at least 50% relevant national enterprise ownership and the applicant’s development and direction. Qualifying capital must be substantial, lawfully sourced, traceable and at risk in a real nonmarginal enterprise; there is no universal minimum. Identify excluded property and financing security rather than treating the seller’s total business value as the buyer’s invested amount.
Compare the activities each proposal would authorize
Show who would employ the applicant and which business the applicant would operate. New-office L conditions apply when the US organization has been doing business for less than one year. E-2 requires intent to depart when status ends, and Canadian citizens generally need an E visa. Permission under one arrangement is not unrestricted authority to perform work for another enterprise simply because the same applicant is involved.
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.