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BÉGIN · PATHWAY COMPARISON

Compare management evidence with the business’s investment case

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Bégin applicant should assess actual corporate duties and capital commitments rather than choose a route from an attractive forecast alone. A first review should compare two evidence trails: corporate ownership and foreign employment for L-1, against nationality, committed capital and operating risk for E-2. The concrete decision is which existing facts can be proved now, not which category has the more appealing business forecast. Hypothetical example: A software localization studio has a related foreign company and funds for a US launch; its founder must decide whether documented prior employment and a qualifying corporate relationship support L-1, or whether the investment record and ownership support E-2.

01

Follow the employee’s genuine role

L-1 needs qualifying organizations, foreign service and the relevant US managerial, executive or specialized-knowledge capacity. Collective decisions do not remove the need to explain individual responsibility. Vendor training or a system licence does not establish the employee’s company knowledge without substantive evidence. For L-1, map the related entities first, then verify a continuous qualifying foreign year during the preceding three years and the actual US duties. Select L-1A only if managerial or executive capacity is supported; select L-1B only if special or advanced company knowledge is supported. Total L-1A stay is limited to seven years and L-1B to five years, subject to applicable recapture rules. The decision should account for that time horizon as well as the evidence needed for the opening filing.

02

Follow the investor’s real commitments

E-2 requires treaty nationality and at least 50% relevant national enterprise ownership, development and direction, substantial lawful at-risk capital and a real nonmarginal business. Explain staffing and revenues on their own terms; a temporary hiring peak is neither a universal qualification nor an automatic failure. For E-2, follow the money from lawful source to commitment and compare the amount at risk with the cost of this operation. The enterprise must be real and operating, owned in the required treaty-national proportion, and capable of more than a minimal living or the applicable significant economic contribution. The investor must develop and direct it. A person who can document both routes should still decide whether ongoing corporate transfer evidence or continuing investment risk better matches the intended role; neither route automatically creates immigrant status.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

BÉGIN · PATHWAY COMPARISON

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