Read the general pathway comparison overview
Keeping a Canadian operation active can be part of different U.S. proposals. Assess the actual transfer or investment structure rather than assuming foreign business ownership creates a single preferred route.
Identify the qualifying transfer facts
Hypothetical example: an owner-manager considers work in a related U.S. company or a separate acquisition. L-1 requires qualifying organizations, relevant foreign employment and managerial, executive or specialized-knowledge duties. Genuine business activity and the individual’s history need evidence beyond incorporation. An owner or major stockholder also needs evidence that the U.S. assignment is temporary and that the person will be transferred to an assignment abroad afterward.
Identify the actual investor facts
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. A Canadian company’s resources are not automatically the applicant’s qualifying capital in a different enterprise.
Review the real work and household plan
Describe duties, ownership and transactions for each genuine proposal. Qualifying E and L spouses may be employment-authorized incident to status with appropriate documentation; children do not gain work permission solely through dependent status. Foreign payment or continuing Canadian operations do not themselves authorize 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.