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Cambridge guide: compare the actual role with the actual control of capital

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

An applicant may have a company assignment and an investment proposal in different stages. Explain the real duties and financial commitments rather than selecting a route from draft language alone.

01

Describe the qualifying transfer facts

Hypothetical example: a company role is agreed while a purchase remains under discussion. L-1 needs qualifying organizations, relevant foreign employment and a managerial, executive or specialized-knowledge assignment. A proposed acquisition does not replace that employment evidence.

02

Describe the investment facts independently

E-2 requires treaty nationality, generally at least 50% relevant treaty-national enterprise ownership, substantial lawful committed capital and a real nonmarginal business the investor develops and directs. Money merely transferred but still unrestricted does not automatically establish the required investment.

03

Explain which facts are final

Distinguish signed terms, current operations and unresolved conditions. Do not combine one option’s genuine authority with another option’s hoped-for funding to describe an arrangement that does not exist. Work permission must support the actual activity ultimately pursued.

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