Read the general pathway comparison overview
An applicant may be discussing a US assignment with a company group while also paying a deposit on a separate business. For a Fundy Albert comparison, put those arrangements on different timelines and identify which employment or ownership facts are already effective.
Test the proposed group assignment on its own
Name the companies and show the qualifying ownership or control relationship. L-1 requires qualifying foreign employment and an eligible managerial, executive or specialized-knowledge US assignment, with continuing qualifying business operations. A business owned by relatives is not automatically part of the required company group. If the acquisition target would become the proposed employer, explain when and how the relationship would arise rather than presenting a future closing as a completed organizational change.
Read the deposit as part of the E-2 transaction
Identify who owns the money now, who can release it and what conditions remain. E-2 calls for qualifying treaty nationality, at least 50% relevant treaty-country national enterprise ownership, and the investor’s development and direction of a real, nonmarginal business. Capital must be substantial and at risk with lawful source and path; there is no universal minimum. The word deposit does not decide whether funds satisfy the investment requirements. Review the signed release and refund provisions and keep an accurate record when the money’s status changes.
Decide what work belongs to each arrangement
Describe the applicant’s duties if the transfer proceeds and separately if the acquisition closes. Identify whether existing foreign employment continues and who will perform the acquired business’s daily work. An authorization tied to the group assignment is not unrestricted permission to operate a separate acquisition, and paying a deposit creates no work authorization. The comparison should end with the facts each proposal still needs—not a recommendation based only on which transaction appears nearer to closing.
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.