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MISSION · SEPARATE EVIDENCE

An employment record and a company profit statement establish different things

USAvisa field guide · 3 minute readReviewed 7 September 2026
THE SHORT ANSWER

An owner-employee may have strong employment history and a profitable business, yet still need separate evidence for a transfer or treaty investment. Identify which fact supports which requirement. Do not treat the company’s success as a universal answer to both categories. The choice is not between a “company route” and an “investment route” in the abstract. It is between the facts that can be proved now: a qualifying corporate transfer and role, or treaty nationality with personal investment, control, and an operating enterprise. Choose the route after making a written comparison of the records already available, the capital that can actually be committed, and the intended work. A transfer case cannot be made stronger by personal savings alone; an investor case cannot be made stronger by a corporate title alone. The evidence should follow the selected theory.

01

Prepare the two evidence accounts

Hypothetical example: an applicant proposes a managerial transfer while also considering a personally owned U.S. purchase funded from company profits. Record the actual foreign employment, organizational relationship, distribution rights and purchase terms. Keep company assets distinct from funds the applicant has a lawful right to invest. Hypothetical example: a precision-optics company owner may either send its long-serving operations manager to build a U.S. affiliate or personally acquire a small repair studio. The decision turns on the company relationship and the manager’s actual overseas duties for L-1, versus the owner’s nationality, source of funds, binding commitment, and control for E-2. Do not blend evidence from the two proposals.

02

Apply the requirements without pooling unrelated strengths

L-1 requires qualifying organizations, qualifying employment abroad and a qualifying U.S. role. E-2 requires qualifying treaty nationality, substantial committed capital at risk, a real operating non-marginal enterprise and development and direction. A profitable company does not establish a managerial role, and a long employment record does not establish an investment commitment. For L-1, verify the entities’ qualifying relationship, doing-business records, the employee’s uninterrupted qualifying year abroad during the three years before filing, and the prospective role. L-1A generally has a seven-year stay limit; L-1B generally has a five-year limit. A business plan cannot replace either the employee history or organizational records.

03

Identify the action each proposal depends on

Record whether a distribution, share transfer or operating change remains outstanding. Assess the actual commercial and tax consequences with appropriate advisers. Include household activity plans separately; qualifying E and L spouses may work incident to valid status with appropriate evidence, while children do not share that benefit. Neither category is selected simply by the larger financial figure. For E-2, examine personal ownership, treaty nationality, capital genuinely exposed to loss, and a business that can operate beyond the investor’s household needs. The investor must lead and control it. Neither route is a direct automatic route to permanent residence, so long-term plans should be discussed separately and without promises.

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