Read the general pathway comparison overview
A household may have a potential company transferee and a different potential investor. Assess the actual person and evidence for each alternative instead of combining both adults’ strengths into one principal case.
Identify the individual transfer proposal
Hypothetical example: one adult has qualifying group employment while the spouse considers buying a business. L-1 needs qualifying organizations, the relevant foreign employment and managerial, executive or specialized-knowledge work for the transferee. The other adult’s career does not fill a missing qualifying period.
Identify the actual investor proposal
E-2 requires 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. Trace the real funds and rights rather than assigning them to whichever person seems preferable without documentary support.
Compare the other adult’s actual work basis
Qualifying E and L spouses may be employment-authorized incident to status with appropriate documentation; an EAD is not universally required. A spouse seeking an independent principal case faces that route’s own requirements. Children do not gain employment permission solely through dependent status. Coordinate the household using accurate individual records.
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.