Read the general pathway comparison overview
A business sale can be part of a company-transfer proposal or a personal investor proposal. Identify the actual parties and funding rather than assuming the same transaction establishes both routes.
Identify the actual employment relationship
Hypothetical example: a group buys a U.S. operation while an employee separately considers a personal acquisition. L-1 requires qualifying organizations, the relevant foreign employment and a managerial, executive or specialized-knowledge role. A commercial purchase should not automatically be treated as proof of every transfer condition.
Identify the individual investor’s rights and capital
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 applicant will develop and direct. A company’s purchase consideration is not automatically the employee’s personal qualifying investment.
Assess the resulting activities and family plan
Describe genuine duties, ownership and funds after the transaction. Qualifying E and L spouses may be employment-authorized incident to status with appropriate documentation, while children do not gain work permission solely through dependent status. A closing does not itself grant anyone the required authorization.
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.