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NORTH DUMFRIES · DECISION WORKSHEET

North Dumfries guide: company authority and investor control need different evidence

USAvisa field guide · 2 minute readReviewed 7 September 2026

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THE SHORT ANSWER

An applicant comparing a company transfer with treaty investment should explain the authority involved in each actual arrangement. An employment reporting line and ownership-based direction are not the same evidence.

01

Describe the proposed company role

Hypothetical example: a manager reports through a matrix structure while considering an acquisition. L-1 needs qualifying organizations, relevant foreign employment and an eligible managerial, executive or specialized-knowledge assignment. A complex chart does not itself establish the role.

02

Describe the investment arrangement independently

E-2 needs qualifying treaty nationality, generally at least 50% relevant treaty-national enterprise ownership, substantial lawful capital committed at risk and a real nonmarginal enterprise the principal develops and directs. Read actual ownership and financing terms rather than borrowing authority from an unrelated employment role.

03

Keep the alternatives factually complete

Identify which documents belong to each proposal and which conditions remain unresolved. Do not combine a company’s established staff with an unrelated acquisition’s revenue to present an operation that does not exist. Actual permission must support the activity ultimately pursued.

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