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SPRUCE GROVE · Similar responsibility can rest on different eligibility facts

Compare an executive’s delegated authority with a buyer’s investment rights

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A Spruce Grove applicant may be considered for an executive transfer or may instead buy into the U.S. enterprise. Identify the real employment and ownership proposal before deciding which category to assess.

01

Trace the executive transfer conditions

L-1 requires qualifying organizations, business operations and the applicant’s required foreign employment. For an executive role, explain policy, direction of management, discretion and general oversight. A board’s support can document the proposal without itself establishing every condition. Do not substitute a planned investment for the required employment record. 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

Trace the investor’s role and capital

E-2 requires qualifying treaty nationality, generally at least 50% treaty-country ownership of the enterprise, lawful substantial investment committed at risk and development and direction of a real nonmarginal business. A title under an employment contract is not automatically an investor right. If an employee E-2 route is intended, assess the same-nationality relationship with the qualifying treaty employer and the applicable executive, supervisory or essential-skill requirements. 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. 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.

03

Compare the actual source of authority

Identify what the applicant can decide, why that authority exists and what they will do daily. Keep the governing agreements and employment documents consistent. The category should follow the facts rather than the parties selecting the most convenient title. Family authorization and procedural timing remain separate questions before the person begins U.S. work.

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