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DEVON · TWO DIFFERENT PROPOSALS

Distinguish transferring a manager from buying an unrelated business

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Devon business owner may compare a transfer within the existing group with acquiring an unrelated U.S. operation. The facts supporting one proposal should not be silently used as evidence that the other qualifies.

01

Identify the actual corporate transfer

L-1 needs a qualifying parent, subsidiary, affiliate or branch relationship and continuing U.S. and foreign business. Establish one continuous full-time qualifying foreign year in the relevant preceding three years; ordinary foreign work can be managerial, executive or specialized knowledge. The proposed U.S. role must meet the requested standard. Ownership of an unrelated target does not retrospectively establish that employment history.

02

Read the investment as its own arrangement

E-2 requires qualifying treaty nationality at applicant and enterprise levels, generally at least 50% treaty-country enterprise ownership. Development and direction can be established through at least 50% ownership or actual operational control. Capital must be lawful, substantial and committed at risk in a real nonmarginal enterprise; there is no universal dollar minimum. Nonmarginality means capacity beyond a minimal living for the investor and family or significant economic contribution; projected capacity should generally be realized within five years of normal business activity. Intent to depart when E status ends remains necessary. A personal business track record can provide context without proving the U.S. enterprise’s actual ownership, capital commitment or control. Read the transaction documents instead of assuming an owner title answers every investment condition.

03

Resolve duties and process before deciding

If the applicant is actually being hired under an E-2 employee proposal, assess the qualifying treaty employer, same nationality and executive, supervisory or essential-skill conditions separately. Compare real evidence gaps in each route. A purchase agreement or transfer resolution does not authorize U.S. work, and choosing the more convenient label does not cure a missing fact.

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