Read the general pathway comparison overview
A Rivière-Éternité applicant should separate employee eligibility from the commercial rights purchased for a US enterprise. Compare the proof each route needs before treating a business purchase as an answer to an employment problem. Hypothetical example: A specialty tea importer owns a Canadian company and is considering either opening a related US office or buying an unrelated retail shop. The decision is whether the foreign and US entities have a qualifying corporate relationship for an employee transfer, or whether the applicant’s personal treaty investment and operating control point to E-2 instead.
Establish the actual employment route
L-1 requires qualifying organizations, foreign service and the relevant US managerial, executive or specialized-knowledge duties. Knowledge gained before joining the company needs to be distinguished from the qualifying employment period. External operating support should be explained truthfully rather than transformed into fictional direct reports. For L-1, make a dated corporate-and-employment file: ownership records, proof both entities conduct business, payroll evidence and a US duty description. The beneficiary generally must show one uninterrupted qualifying year outside the US in the three years before filing. L-1A is limited to seven years and L-1B to five. The employer must decide whether the proposed work is chiefly managerial, executive or based on company-specific specialized knowledge, rather than relying on a purchase agreement that does not establish the employment relationship.
Establish the applicant’s own investment case
E-2 requires treaty nationality, at least 50% relevant national enterprise ownership, direction, substantial lawful at-risk capital and a real nonmarginal business. A franchise agreement, training certificate or well-known brand is not a substitute for the actual ownership, commitments and operating capacity of the applicant’s enterprise. For E-2, trace the applicant’s treaty nationality, enterprise ownership, source of funds, payments and authority to run the business. Capital must be committed in a way that exposes it to commercial risk, and the enterprise must be real and not marginal. The applicant must decide whether to accept the temporary character of E-2, which lacks an automatic permanent-residence route, or pursue a route with a different legal basis. A familiar brand or supplier contract does not make either record complete.
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.