Read the general pathway comparison overview
For a Saint-David-de-Falardeau plan, access to a US customer or equipment does not by itself establish either a transfer or investor route. The first review should run two separate tests: the L record asks about qualifying organizations, foreign employment, and the proposed transfer role; the E-2 record asks about treaty nationality, ownership, control, capital, and the operating enterprise. Hypothetical example: A supplier of modular desalination units owns a US affiliate and plans to put personal funds into it. The owner must decide whether the foreign payroll and managerial role support L-1, whether the money is committed in an irrevocable manner and exposed to commercial risk for E-2, or whether neither route is ready. Corporate ownership alone answers neither question. The first decision is which factual file can be documented truthfully now.
Explain qualifying work inside the organizational relationship
L needs the qualifying relationship, continuous qualifying foreign year and actual US capacity. L-1A examines primarily managerial or executive duties, including the substance of customer-facing work; L-1B examines relevant special or advanced company knowledge, including genuine learning from pilot work. Commercial urgency and equipment access do not replace those requirements. For L, build a dated chronology from foreign payroll, leave, travel, job descriptions, and the records proving the corporate relationship. The transferee generally needs one continuous qualifying foreign year within the preceding three years. Then test the US duties: L-1A is generally capped at seven years and turns on primarily managerial or executive capacity, while L-1B is generally capped at five years and turns on qualifying specialized knowledge. A business plan cannot replace the employment and role evidence.
Explain the investment that supports treaty-enterprise eligibility
E-2 requires treaty nationality, at least 50% relevant national enterprise ownership, development and direction, substantial lawful at-risk capital and a real nonmarginal business. Distinguish the buyer’s acquired assets from leased or supplier-owned items and explain the actual operating commitments. The same premises inventory should not be treated as proof of every investment condition. For E-2, trace the lawful source and movement of funds, read the acquisition and escrow terms, and confirm treaty ownership before projecting revenue. The investor must be able to develop and direct a real enterprise that is not marginal; funds left revocable in a personal account generally do not establish the required commitment. The practical choice is whether to proceed on an investment record that is complete, revise the commercial arrangement, or use a transfer route that independently fits the facts. Neither route is a direct automatic permanent-residence result.
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.