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LAROUCHE · PATHWAY COMPARISON

Compare the actual employee role with the acquisition’s current stage

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Larouche applicant should assess the employment record and the option agreement independently before choosing a US route. The first review should run two separate evidence tracks: the corporate relationship, foreign employment, and US duties for L-1; and nationality, ownership, committed capital, and business viability for E-2. It should then compare timing and personal control rather than treating either route as a label. Hypothetical example: A Japanese entrepreneur may buy a specialty packaging company while also seeking transfer from an affiliated foreign employer. The applicant must decide whether the existing employment record supports L-1 now or whether the acquisition documents can first establish the actual E-2 enterprise and control.

01

Establish substantive transfer duties

L-1 needs qualifying organizations, foreign employment and the relevant US managerial, executive or specialized-knowledge capacity. Customer escalations need an accurate duty account, and a publication needs explanation of the actual company knowledge used. Neither a prestigious title nor a public article replaces the remaining transfer conditions. For L-1, prepare an entity chart, employment timeline, duty description, and supporting business records before deciding which capacity is claimed. An uninterrupted qualifying year of foreign work must fall in the three years immediately before the request; L-1A and L-1B stays are generally capped at seven and five years. A new office has its own premises and first-year role requirements. The decision is whether the transferee will primarily manage, direct, or apply qualifying specialized knowledge in the US, not whether the person has a prestigious title or an appealing business concept.

02

Establish current treaty investment rights

E-2 requires qualifying nationality, at least 50% relevant national enterprise ownership, development and direction and substantial lawful at-risk capital in a real nonmarginal business. Holding an option should not be presented as completed ownership or payment of the full purchase price without the actual supporting facts. For E-2, trace lawful funding through actual transfers and identify the documents that show ownership, control, and the investor's development and direction. The funds need a permanent commitment and exposure to loss, the enterprise must be real and nonmarginal, and a purchase option alone ordinarily leaves key facts unresolved. Compare the cost of completing the acquisition with the investor's ability to meet those conditions and operate the business. The reader must decide whether to pursue a transfer based on the employer relationship or make genuine acquisition commitments first; E-2 does not provide a direct permanent-residence route.

SOURCE NOTES

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

LAROUCHE · PATHWAY COMPARISON

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