Read the general pathway comparison overview
A hypothetical St. Albert applicant may be offered a managerial promotion while also considering investing in the employer’s expansion. Determine which facts support a transfer and which support an investor role before choosing the next immigration step.
Review the promotion as a transfer question
L-1 requires the qualifying organizations, business operations and foreign employment history, together with the actual managerial, executive or specialized-knowledge duties. A new investment does not establish those employment facts. Where the applicant moves from L-1B-type work to management, the specific promotion and approved-petition requirements should be reviewed rather than assuming a title changes status. 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.
Review the capital as an investor question
E-2 requires treaty nationality, generally at least 50% treaty-country ownership of the enterprise, lawful substantial capital committed at risk, development and direction and a real nonmarginal business. A minority investment or employee role does not automatically establish the investor conditions. If an E-2 employee route is proposed instead, assess the required same nationality as the qualifying treaty employer and the applicable executive, supervisory or essential-skill rules. 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.
Keep the current authorization in the comparison
Record what work is presently authorized and what would change under each proposal. The route should reflect actual duties, ownership and funding rather than the easiest name to place on an extension request. Family status and work plans need separate review. Neither an internal promotion nor an investment payment automatically supplies the new authorization.
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.