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PONTIAC · Authority can arise from different relationships

Comparing managerial authority with an investor’s decision rights

USAvisa field guide · 3 minute read Reviewed 7 September 2026
THE SHORT ANSWER

A Gatineau applicant may have senior authority as an employee and also be offered a stake in a U.S. enterprise. Identify the source of each right before comparing L-1A with E-2. Neither a title nor ownership alone makes the routes interchangeable. L-1 requires one continuous year abroad in the prior three, two active related entities, qualifying L-1A managerial/executive or L-1B company-specific knowledge duties, one-year new-office limits, petitioner-controlled non-labour-for-hire offsite work, L-2 spouse work authorization and seven-/five-year caps. E-2 requires qualifying treaty nationality—Canada qualifies—irrevocably committed at-risk funds substantial relative to a real nonmarginal business, development and direction through at least 50% ownership or operational control, E-spouse work authorization, and has no direct permanent-residence path. Choose the route by identifying the source of the person’s authority: a qualifying employer transfer or ownership plus investment in the U.S. venture. L-1 requires the qualifying foreign employment and is capped at seven years for L-1A or five for L-1B; E-2 requires at-risk, irrevocably committed capital in a real nonmarginal enterprise. Hypothetical example: a manufacturer of artisanal paper can transfer its operations director or have that director buy into a new U.S. mill.

01

Explain the managerial transfer on its own terms

L-1A concerns qualifying managerial or executive duties within qualifying organizations, with the required foreign employment and business operations. If the person manages a function, explain its essential nature, senior responsibility and primarily managerial work. Authority over a budget does not replace those elements. Turn the first review into a checklist of facts, documents, and decisions. Mark any point that depends on a future event, because the reader should not present it as established merely to meet a preferred start date.

02

Explain the investor arrangement separately

E-2 requires qualifying treaty nationality, generally at least 50% treaty-country ownership of the enterprise, lawful substantial capital committed at risk and development and direction of a real nonmarginal business. Review shared ownership and governance rights accurately. An employee’s delegated authority does not automatically establish the investment conditions. Use the primary record for each claim and preserve it in date order. Where two documents disagree, explain the real change and decide which version governs the next immigration step instead of silently selecting the more helpful sentence.

03

Choose from the actual intended arrangement

Identify who employs the applicant, who owns the enterprise and how the person will spend working time. If a proposal combines employment and investment, preserve both records for review rather than selecting only favorable facts. Compare family status and procedural needs after the underlying arrangement is clear, without promising that one route avoids unresolved responsibilities. Make the final decision only after testing the route against the planned activity, available evidence, and calendar. That sequence exposes a missing requirement early enough to change the business plan without creating an inaccurate immigration record.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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