Read the general pathway comparison overview
A business may use the same outside providers whether an applicant joins as a transferee or investor. That shared operational feature does not make L-1 and E-2 eligibility interchangeable.
Identify what establishes the transfer
Hypothetical example: an employee considers moving into a related company or purchasing an independent operation served by similar vendors. L-1 needs qualifying organizations, required foreign employment and a qualifying managerial, executive or specialized-knowledge role. A common vendor does not itself establish corporate affiliation.
Identify what establishes the investment
E-2 needs qualifying treaty nationality, generally at least 50% treaty-country-national enterprise ownership, substantial lawful capital committed at risk and a real nonmarginal enterprise the investor will develop and direct. A provider’s operating support does not replace capital, ownership or direction evidence.
Examine the applicant’s real responsibilities
Describe work retained by the applicant and services genuinely performed by others. Avoid assuming any outsourced task creates a managerial role or any purchased service proves business capacity. Review family plans and individual permissions separately from the commercial support arrangements.
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.