COMPARING INTRACOMPANY TRANSFERS WITH TREATY INVESTOR VISAS

L-1 visa vs E-2 visa - which business visa works for your situation

Contributor

Tukki

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8 mins read

Date published

Feb 24, 2026

The L-1A and E-2 are two of the most common business visa categories for foreign nationals who want to live and work in the United States. Both let you run a company on the U.S., neither of them has an annual cap and both allow your spouse to work, but they serve very different immigration purposes.

The L-1A is an intracompany transfer visa, meaning it lets a multinational company move a manager or executive from a foreign office to a U.S. office. The E-2 is a treaty investor visa, and it allows a citizen of a treaty country (a nation that maintains a commerce and navigation treaty with the United States) invest a substantial amount of capital into a U.S. business and direct its operations or bring essential employees to work for the enterprise.

This guide interests you if you are an entrepreneur weighing an investment, a business owner transferring through an existing company or an HR team evaluating work visa options for a key employee, since we will break down the L-1A vs E-2 comparison across every factor that matters: visa requirements, green card pathways, duration of stay, filing process, and spouse work authorization.

How the L-1A and E-2 visas work

On one hand, the L-1A visa allows a qualifying multinational organization to transfer a manager or executive from a foreign office to a U.S. office. The person receiving the visa must have worked for the company abroad in a managerial or executive capacity for at least one continuous year within the three years before the petition. No financial investment is required, and the employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS to sponsor the transfer.

Alternatively, the E-2 visa requires the applicant to hold citizenship in a treaty country and make a substantial investment in a U.S. business, while also taking an active role in directing that business or bringing essential employees. Note that there’s no fixed dollar minimum for what counts as substantial, although adjudicators generally view investments of $100,000 or more favorably depending on the business. The investment must also be at risk, meaning it’s committed to the enterprise and subject to loss if the business fails.

Most E-2 petitions go through a DS-160 application (the standard online nonimmigrant visa form) at a U.S. consulate, with a filing fee of $315, although applicants already in the U.S. can instead file Form I-129 to request a change of status.

L-1A vs E-2: comparison table

This table summarizes the differences between the L-1A and E-2 visas, and each row highlights a factor that could influence which non-immigrant visa fits your situation.

Factor L-1A visa E-2 visa
Purpose Intracompany transfer of manager or executive Treaty investor directing a U.S. business
Investment required None Substantial (typically $100,000+)
Treaty country required No Yes, must be a citizen of a treaty country
Green card pathway EB-1C (direct) No direct path
Maximum stay 7 years total 2-year increments, no maximum (renewable indefinitely)
Annual cap None None
Spouse work authorization L-2S, employment authorized incident to status E-2S, employment authorized incident to status
Employer requirement Must work for qualifying multinational organization Must own 50%+ of the business or hold key executive/supervisory role
Filing process Form I-129 with USCIS (or DS-160 at a U.S. consulate if not a change of status) DS-160 at U.S. consulate ($315 fee) or I-129 for change of status .

The green card pathway with L1 vs E2

Before diving into this, you need to understand the concept of dual intent. Dual intent simply means a nonimmigrant visa holder can maintain their temporary status while simultaneously pursuing a green card.

Why does this matter? Because while the L-1A is a type of visa that allows dual intent, the E-2 visa has no direct green card pathway.

L-1A holders have a direct pathway to permanent residence in the U.S. through the EB-1C category (multinational manager or executive). The EB-1C category doesn't require PERM labor certification, which eliminates one of the most time-consuming steps in the employer sponsorship process. For many L-1A holders, this creates one of the fastest routes from work visa to green card. For many L-1A holders, this creates one of the fastest routes from work visa to green card.

The E-2 visa works differently: you can hold an E-2 for decades, renewing it every two years, and still have no closer path to permanent residence than when you started. E-2 holders who want a green card typically need to pursue a separate category entirely, such as the EB-5 investor visa or an EB-1C if they can establish a qualifying multinational relationship. The E-2 also requires nonimmigrant intent at each renewal, meaning holders must demonstrate they plan to leave the U.S. when their status ends. This creates a tension that doesn't exist with the L-1A.

To synthesize, the L-1A is the stronger long-term play when permanent residence matters, and the E-2 works well for entrepreneurs who want flexibility, but it shouldn't be treated as a stepping stone to a green card.

Not sure which business visa fits your goals?Compare visa categories side by side with our free tool.
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Investment and ownership requirements

One of the clearest differences in the E-2 visa vs. L-1A comparison is what each option requires financially and structurally.

With the L-1A, there is no personal investment required. The multinational company sponsors the petition, and the individual transferee does not need to place personal capital at risk, since the focus is on the qualifying corporate relationship and the managerial or executive role within the organization.

The E-2, by contrast, shifts the emphasis to the investor. The applicant must make a substantial investment that is genuinely at risk in the business. Although there is no statutory minimum, investments below $100,000 tend to face greater scrutiny, and the funds must come from a lawful source. The business also cannot be marginal, meaning it should generate income beyond simply supporting the investor and their family. At the same time, the applicant must either own at least 50% of the enterprise or hold a key executive or supervisory position.

A notable advantage of the E-2, however, is that it does not require a separate sponsor; the investor effectively sponsors themselves through their ownership and control of the business.

Treaty country and nationality: who qualifies for each visa

The E-2 visa is only available to citizens of countries that maintain a qualifying treaty of commerce and navigation with the United States. This includes many countries, such as the United Kingdom, France, Germany, Japan, South Korea, Canada, and Australia, but it excludes several major ones, including India, China, and Russia. If you're a citizen of a non-treaty country, the E-2 simply isn't an option regardless of how much you're willing to invest.

The L-1A has no treaty country requirement. It's available to citizens of any country, as long as the qualifying multinational employer-employee relationship exists. This makes the L-1A the more accessible option for executives and managers from countries that lack an E-2 treaty. If nationality isn't a barrier, both visas remain on the table, and other factors should guide your decision.

Duration of stay and renewal differences

The L-1A initial period of stay is three years (or one year for a new office petition), and extensions come in two-year increments up to the seven-year maximum. Seven years is the hard ceiling of an L-1A visa. After reaching that point the L-1A holder must either obtain a green card, change to a different visa status, or leave the United States.

The E-2 doesn't have a maximum stay limit, since it's issued in two-year increments with the possibility to renew it indefinitely as long as the business remains viable and you continue to meet the requirements. Some E-2 holders have maintained their status for 20 or 30 years through continuous renewals.

This creates an interesting dynamic: the L-1A has a shorter runway but offers a direct path to a green card, while the E-2 provides unlimited renewals without a built-in permanent solution. For someone who needs long-term stability without committing to the green card process, the E-2’s indefinite renewals can be appealing. By contrast, for those seeking greater certainty about their future in the U.S., the L-1A’s seven-year limit is often less restrictive, since the EB-1C green card process can typically be completed within that timeframe.

Spouse work authorization for both visas

Both visas offer work authorization for spouses, which is a meaningful benefit that sets them apart from many other work visa categories.

L-2 spouses receive employment authorization incident to status (designated as L-2S), allowing them to work for any U.S. employer without needing a separate Employment Authorization Document. E-2 spouses enjoy the same open work authorization (designated as E-2S). In both cases, the authorization lasts as long as the dependent maintains valid status.

If spouse employment is a deciding factor, it won't tip the scale in either direction since the benefit is essentially identical.

Choosing between the L-1A and E-2

The right choice depends on your specific circumstances. Here's a practical framework.

The L-1A is likely the better fit if you already work for a multinational company in a managerial or executive role, you want a direct path to a green card through EB-1C, you're a citizen of a non-treaty country, or you don't want to make a personal capital investment.

The E-2 is likely the better fit if you're an entrepreneur starting or buying a U.S. business, you're a citizen of a treaty country, you want the flexibility of indefinite renewals without a maximum stay cap, or you don't need a direct green card pathway right now.

In some cases, both visas could work, and the deciding factor comes down to your long-term immigration goals. If permanent residence matters, the L-1A's EB-1C pathway is hard to beat. If you value flexibility and plan to operate a U.S. business for the foreseeable future without pursuing a green card, the E-2 gives you room to do that.

Ready to figure out which business visa fits your plans? Explore our detailed L-1A visa guide and E-2 visa guide, or compare all your options side by side.

WE CAN HELP

Need more clarity?

Find quick answers to frequent visa questions from our legal experts

Which visa offers a better path to a green card?

The L-1A offers a clearer path to permanent residence because of its dual intent status and direct EB-1C green card category.

The E-2 allows indefinite renewals but has no built-in route to a green card.

Business owners who want to stay in the U.S. permanently often find the L-1A more strategically valuable for their immigration process.

How long is an L-1 blanket petition valid?

USCIS initially approves blanket petitions for three years.

After that, you can renew the blanket indefinitely as long as your organization continues to meet the eligibility requirements.

The blanket covers future transfers, so you don't need to refile the organizational petition each time you move a new employee.

Can my family come with me on an E-2 visa?

Yes, your spouse and unmarried children under 21 can accompany you on E-2 dependent status.

Your spouse can apply for work authorization (EAD) to work for any U.S. employer, and your children can attend school.

Can I apply for E-2 while in the United States?

Yes, if you're in a valid nonimmigrant status, you can file Form I-129 with USCIS to change to E-2 status without leaving the country.

However, USCIS processing times can be lengthy, and you'll still need to obtain a visa stamp at a consulate if you later travel abroad.

Do I need to invest everything before applying?

Most of your investment should be committed before you apply, but you don't necessarily need to have spent every dollar.

Funds in escrow that will be released upon visa approval count toward your substantial investment.

The key is demonstrating that your capital is irrevocably committed to the enterprise.

Other blogs for every step of your visa journey

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