Hypothetical example: A Granby applicant may be offered a management transfer while also negotiating a personal stake in the U.S. enterprise. Treat those proposals as separate factual arrangements until the actual transaction and employment terms show how they fit together. Use this guide to decide which fact must be proved before money is spent or travel is arranged. L-1 and E-2 have different governing conditions; neither should be selected merely because a business exists. Hypothetical example: a custom orthotics company owner deciding between transfer and personal investment must separate an appealing plan from the record that actually establishes eligibility. The practical decision is whether the necessary evidence exists now, needs to be obtained, or points to a different route.
Assess the transfer from its own history
L-1 requires one continuous qualifying year abroad within the prior three years, a parent, branch, subsidiary or affiliate relationship with both entities actively doing business, and actual managerial or executive duties for L-1A or company-specific specialized knowledge for L-1B. A new office receives at most one initial year; any principal offsite placement must not be labour for hire and must remain controlled by the petitioner. L-1A is capped at seven years and L-1B at five. A personal investment does not replace an employment-history gap, and a signed future restructuring does not necessarily establish a present qualifying relationship. Start with a one-page fact list: the identity of the person or business, the claimed route, the condition that controls, and the source record. A first review should produce a clear yes, no, or unresolved result for each item. That makes the next decision concrete instead of leaving it to a general impression.
Assess the investment from the completed and conditional rights
E-2 requires treaty nationality for the applicant and enterprise, substantial funds irrevocably committed and at risk, and a real nonmarginal enterprise the applicant will develop and direct, ordinarily through at least 50% ownership or operational control. Review seller financing and retained rights on their actual terms. E-2 has no direct path to permanent residence. A management title does not automatically establish investor control or qualifying investment. Arrange documents in the order of the decision: source record, translation where required, transaction or employment proof, and a short explanation of any discrepancy. Preserve original dates and names. A later summary cannot quietly repair a missing link, and a private expectation cannot replace an official or contemporaneous record.
Choose the account that matches the intended conduct
Identify the employer, investor, source of authority and effective date for each proposal. Review unresolved conditions before comparing filing costs or promising a start. If the parties change the arrangement, preserve the earlier version and reassess the affected requirements rather than keeping whichever label seems administratively easier. Sequence commitments only after the governing condition and decisive records are identified. Review material changes before relying on an earlier plan, and keep government charges, private advice, business spending, and travel costs distinct. The careful choice is often to obtain one missing document before making a commitment that the record cannot support.
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.