A transfer based on employment history and a startup funded by an investor need different evidence. L-1 examines the actual corporate connection, employment and role; E-2 examines treaty nationality, committed capital, control and the enterprise. Do not borrow a favourable fact from one route to replace a missing condition in the other. The decision is not simply whether a company exists; it is whether the facts satisfy the different purpose of each route. Make two evidence columns. L-1 needs the qualifying organizational link and a continuous foreign employment year inside the preceding three years; stay is generally capped at seven years for L-1A or five for L-1B. E-2 needs treaty nationality, qualifying control, funds committed irrevocably to commercial risk, and a business that is not marginal. Hypothetical example: A manufacturer of tactile wayfinding signs owns a U.S. affiliate and also intends to invest cash in it. The applicant should decide whether the foreign employment and proposed role support L-1, whether the investment facts support E-2, or whether neither file is ready. Ownership alone answers neither route.
Establish the employment actually performed
For L-1, distinguish commercial consulting history from qualifying employment using the actual agreements and duties. Review the US role and office requirements. A later title cannot rewrite the earlier relationship. Use the underlying dated record for this point, identify any fact that is only anticipated, and make the next decision only after the evidence is consistent. A favourable label, payment, or travel plan does not replace the governing condition. The reader must decide whether the available record proves the stated requirement now or whether a different lawful sequence is needed.
Establish the business actually proposed
For E-2, trace lawful invested funds and relevant treaty ownership and assess the applicant’s development and direction. Support the nonmarginality forecast rather than creating revenue to match personal spending. There is no universal E-2 minimum investment. Use the underlying dated record for this point, identify any fact that is only anticipated, and make the next decision only after the evidence is consistent. A favourable label, payment, or travel plan does not replace the governing condition. If the document was created after the fact, explain its limits instead of presenting it as historical proof.
Compare commitments and family activities
Identify which obligations arise before approval and who can lawfully work at each stage. Temporary categories do not themselves grant permanent residence. The household should understand the supported route and remaining conditions before treating a date as secured. Use the underlying dated record for this point, identify any fact that is only anticipated, and make the next decision only after the evidence is consistent. A favourable label, payment, or travel plan does not replace the governing condition. Keep this issue separate from household convenience, projected income, or an unverified promise.
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: 2026-09-07. General preparation guidance, not an individual assessment.