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FORT SASKATCHEWAN · Similar management work can rest on different qualifying facts

Compare a procurement transfer with a minority investment proposal

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Fort Saskatchewan applicant may be offered a transfer to manage a group function or may instead buy a minority interest in the U.S. business. Compare the real alternatives without assuming a managerial title makes either category available.

01

Test the employment-transfer foundation

L-1 requires qualifying entities, continuing business and the required foreign employment. An ordinary L-1A foreign year may be managerial, executive or specialized-knowledge work, while the U.S. work must meet the managerial or executive standard. New-office L-1A has the distinct foreign managerial/executive and first-year support requirements. A promised investment does not replace the employment history. 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

Test nationality, capital and control for E-2

E-2 investor eligibility involves treaty nationality, qualifying enterprise nationality, lawful substantial at-risk investment and development and direction of a real nonmarginal enterprise. A minority investor’s actual operational control needs analysis; a board seat is not automatically enough. There is no universal minimum investment figure, and the applicant must intend to depart when E status ends. 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.

03

Do not confuse an investor proposal with an E-2 employee case

If the person is actually being hired rather than investing, evaluate any E-2 employee route on its own conditions. Those include the relevant same-nationality relationship with the qualifying treaty employer and executive, supervisory or essential-skill requirements. An L-1 function-manager argument does not automatically establish the different E-2 employee test.

04

Compare the actual documents and household consequences

Identify the agreement that gives authority, the work to be performed and the financial or employment conditions not yet completed. Check each family member’s status and proposed activity separately. Commercial willingness to hire or sell shares does not grant permission to begin work, and a comparison should not promise approval from the more convenient label.

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