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WELLESLEY · DECISION WORKSHEET

Wellesley guide: compare role evidence with investor figures

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

A company transfer and a treaty investment may both involve a business plan, but the numbers serve different requirements. Compare the actual arrangements instead of choosing a route from a staff or spending total.

01

Identify the qualifying transfer facts

Hypothetical example: an applicant compares a related-company role with an acquisition. L-1 needs qualifying organizations, relevant foreign employment and managerial, executive or specialized-knowledge work. Neither a large headcount nor lengthy training automatically establishes the individual role.

02

Identify the qualifying investment facts

E-2 needs treaty nationality, generally at least 50% treaty-country-national enterprise ownership, substantial lawful capital committed at risk and a real nonmarginal enterprise the investor will develop and direct. It has no universal fixed dollar minimum and should not be assessed using an imported EB-5 job quota.

03

Keep plans and permission distinct

Explain actual resources, duties and household activities. Qualifying E and L spouses may be employment-authorized incident to status with appropriate documentation; children do not gain work permission solely through dependent status. A favorable budget or timetable does not authorize the proposed U.S. activity.

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