Read the general pathway comparison overview
Money available to a company can matter to a transfer proposal without automatically being the applicant’s E-2 capital. Identify ownership, source and commitment before treating business resources as interchangeable evidence.
Describe whose money supports which arrangement
Hypothetical example: an employee could transfer to a related U.S. operation or acquire a separate business using personal financing. For L-1, assess qualifying organizations, required foreign employment and managerial, executive or specialized-knowledge work. The company’s budget does not create missing qualifying history.
Assess the actual investor transaction
E-2 requires 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 enterprise the investor will develop and direct. Identify how the applicant obtained and committed the funds; a corporate bank balance is not automatically the individual’s qualifying investment.
Compare the evidence the funding cannot replace
A transfer budget does not establish actual managerial duties or specialized knowledge. An acquisition total does not settle control, loan security or nonmarginality. Review the real work, business and family plans together without assuming either financial arrangement authorizes immediate U.S. activity.
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.