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STONY PLAIN · TWO PROPOSALS

Compare a corporate transfer with buying an unrelated U.S. business

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

An internal transfer and a business purchase call for different evidence. Put them into separate summaries before comparing options, even when the same Edmonton applicant is considering both.

01

Describe the transfer without the purchase

Identify the foreign employer, the proposed U.S. entity, their relationship and the employee's actual work history. Explain the role after transfer. Do not use a prospective investment in an unrelated company as a substitute for the relationship and employment facts the L assessment needs. Establish one continuous full-time qualifying year abroad within the relevant preceding three years; ordinary foreign work can be managerial, executive or specialized knowledge, while the U.S. duties must fit the requested L classification.

02

Describe the purchase without the transfer

Identify nationality, the proposed enterprise, funding and decision-making rights. Provide the purchase terms rather than assuming that owning a Canadian business resolves an E-2 requirement. The investor assessment should follow the proposed transaction's own facts. For E-2, establish treaty nationality, generally at least 50% treaty-country enterprise ownership, lawful substantial capital committed at risk and development and direction of a real nonmarginal business. Individual control may arise from at least 50% ownership or actual operational control; no universal minimum amount applies. The nonmarginality test concerns capacity beyond a minimal living for the investor and family or a significant economic contribution. Projected capacity should generally be realized within five years of beginning normal business activity. E-2 also requires intent to depart when that status ends.

03

Compare unresolved issues, not category labels

Ask what evidence is missing from each proposal and what decisions depend on it. Include household work plans and commercial risk in the discussion, with the appropriate advisers. A preferred category should not cause either proposal to be rewritten into something the applicant does not actually intend.

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