Skip to content
WILMOT · DECISION WORKSHEET

Wilmot guide: compare an employee assignment with an owner’s operating plan

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

An employee’s company transfer and an investor’s enterprise may concern similar commercial activity while relying on different people and evidence. Assess the arrangement that actually exists rather than combining both descriptions.

01

Describe who would act in each proposal

Hypothetical example: a company offers a transfer while an individual explores buying an unrelated business. Keep the related-company assignment distinct from the acquisition. L requires qualifying organizations, foreign employment and an eligible managerial, executive or specialized-knowledge role.

02

Identify the investor’s own conditions

E-2 requires qualifying treaty nationality, generally at least 50% corresponding enterprise ownership, substantial lawful capital committed at risk and a real nonmarginal enterprise the principal develops and directs. A company’s willingness to employ someone does not establish that person’s qualifying investment.

03

Preserve incompatible alternatives as alternatives

Explain which proposal is current, which is contingent and what would change. Do not borrow one organization’s staffing, another business’s revenue and a third party’s authority to describe a single arrangement that no contract supports. Individual work permission remains separate from a preferred commercial choice.

A CONVERSATION IS A GOOD PLACE TO START.

WHAT’S YOUR
NEXT CHAPTER?

Tell us where you are today.
Let’s talk about where you want to go.

Book a free consultation Or call +1 548 490 5432