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SELWYN · ROUTE COMPARISON

Selwyn guide: owner-manager choosing between a transfer and a treaty investment

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

Hypothetical example: a Selwyn mechanical contracting company is owned by the person who also runs it day to day, and a U.S. expansion is planned. Because the same individual is both the owner and the manager, both L-1 and E-2 look available, and the choice turns on which set of facts is genuinely easier to prove rather than on which sounds better.

01

L-1 asks about employment history and corporate structure

The L route needs a continuous year of qualifying employment abroad with the organisation within the three years before the petition, a qualifying relationship between two entities that are both doing business, and U.S. duties that are primarily managerial or executive, or that involve specialized knowledge of the company's own products or processes. For an owner-manager the awkward part is usually the duties description, because someone who has personally run a contracting business is describing hands-on work. The evidence has to show authority, supervised functions and reserved decisions rather than technical capability.

02

E-2 asks about capital, control and the enterprise

The E route needs treaty-country nationality of the investor and of at least half the enterprise's ownership, funds irrevocably committed and at risk, an amount substantial relative to this business, a real operating enterprise that is not marginal, and an investor who develops and directs it. For the same owner-manager, the control requirement is usually easy and the capital documentation is the work: tracing lawful source and path, and structuring the transaction so that commitment is demonstrable. It should also be understood that E-2 is a nonimmigrant category with no direct route to permanent residence.

03

Choose on evidence and duration, not on preference

The comparison is best made by writing out what each route would require this person to prove, and asking which set of documents already exists. An owner-manager with a decade of documented service in a defined executive role and a clean corporate structure may find L-1 straightforward; one whose company records are informal but whose capital is liquid and well documented may find E-2 easier. Duration also differs: L-1A runs to a seven-year ceiling and L-1B to five, while E-2 can be extended while the qualifying investment and enterprise continue. Test both against the household's ten-year intention, not just the first move.

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