Read the general pathway comparison overview
A Leduc platform specialist may be offered work through a vendor, customer or related group company. Identify the real employer and corporate relationship before comparing L-1B with an E-2 employee proposal.
Test the intercompany transfer facts
L-1 requires qualifying parent, subsidiary, affiliate or branch organizations and the required foreign employment and continuing business. A supplier agreement or shared software platform does not itself establish that relationship. The L-1B role also needs special product knowledge or advanced organizational-process knowledge; an external certification is not a substitute for the full showing. 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.
Test an E-2 employee proposal on its own basis
E-2 employee eligibility involves a qualifying treaty employer, the relevant same-nationality relationship and executive, supervisory or essential-skill conditions. A customer willing to hire the applicant is not automatically such an employer. Conversely, do not import L-1’s corporate-relationship test as the sole way to assess a different E-2 proposal. For an investor, development and direction can be shown by at least 50% ownership or genuine operational control through a managerial position or other corporate device.
Keep an investor proposal distinct from employment
If the applicant will invest instead, examine qualifying treaty nationality and enterprise ownership, lawful substantial at-risk capital, development and direction and a real nonmarginal business. E-2 has no universal dollar minimum and requires intent to depart when status ends. A payment for vendor training is not automatically an investment in the enterprise receiving the work. 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.
Use the actual contract and work location
Explain who hires, pays, directs and receives the work without changing labels to obtain a preferred answer. Preserve the current terms and identify any unresolved structure. The appropriate category follows an assessment of the genuine arrangement, not the availability of a familiar application template.
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.