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RURAL MUNICIPALITY OF MACDONALD · DECISION WORKSHEET

Macdonald guide: compare the conditions in a transfer and a purchase

USAvisa field guide · 2 minute readReviewed 7 September 2026

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THE SHORT ANSWER

A transfer contract and a purchase agreement can offer different ways to participate in a business. Compare what each arrangement actually establishes and which immigration conditions remain unsupported.

01

Begin with the foreign employment already completed

Hypothetical example: an employee is offered a related-company transfer while also considering an independent acquisition. L-1 needs qualifying organizations, the required foreign employment and the qualifying U.S. role. Signing the acquisition does not create a past qualifying year or a related-company employment record.

02

Identify what control and capital the purchase provides

E-2 requires qualifying treaty nationality, generally at least 50% enterprise ownership by nationals of the relevant treaty country, substantial lawful capital committed at risk and a real nonmarginal business the investor will develop and direct. A seller’s future promises should be distinguished from rights and resources actually established.

03

Compare unresolved conditions rather than appealing labels

For L-1, investigate managerial, executive or specialized-knowledge duties and operational support. For E-2, investigate actual financing, commitment and enterprise capacity. Neither a transfer title nor a signed purchase automatically grants work permission, and family activities need their own status assessment.

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