L1 Visa vs. E2 Visa: The Key Differences
The L1 and E2 visas are powerful options for investors and entrepreneurs. Both of these options allow someone to live and work in the United States.
While the L1 visa and the E2 visa have many similarities, they are very different in many ways. In this guide, I will compare these 2 visa options to help you determine whether the L1 visa or E2 visa is the right option for you.
If you have any questions, feel free to email me directly at michael@ashoorilaw.com. I am very responsive to email and would be happy to help you.
Overview
- Quick Introduction to L1 Visa and E2 Visa
- Non-Immigrant Visas
- Position-Based vs. Investment-Based Visa
- Availability Based on Nationality
- Work Authorization
- Work Authorization for Spouse
- Visa Duration
- Ability to Convert to Green Card
- New Offices and Existing Offices
- Conclusion
1. Quick Introduction to L1 Visa and E2 Visa
The L1 visa and the E2 visa have different requirements. In this section, I will cover the basics of both of these visas.
L1 Visa
The L1 visa is a non-immigrant visa which allows a foreign company to send an employee to work for a related U.S. company. To qualify for an L1 visa, there are several requirements to fulfill.
L1 Visa Requirements
- The foreign company and U.S. company must be parent/subsidiary, branch offices, or affiliates.
- In the last three years, the transferred employee must have worked full-time continuously for one year for the foreign company.
- The employee's role in the foreign company must have been managerial, executive, or for specialized knowledge.
- The employee's new role in the U.S. company must be managerial, executive, or for specialized knowledge.
E2 Visa
The E2 visa is a non-immigrant visa for investors, entrepreneurs, and people looking to run a business in the United States. With an E2 visa, you can start a new US business or invest in an existing business.
E2 Visa Requirements
- You must be a national of an E2 treat country.
- You must intend to depart the US once your E2 status ends.
- You must make a substantial investment in a U.S. company.
- Your E2 business must be an active, for-profit business.
- Your E2 business must not be a marginal enterprise.
- You must be entering the U.S. to direct and develop your E2 business.
- Your investment funds' source must be lawful.
- Your investment must be irrevocably committed to the E2 business and must be at-risk.
2. Non-Immigrant Visas
The key similarity between the L1 and E2 visas is that they are both non-immigrant visas. They both are temporary and do not lead directly to a green card. While both of these visas are temporary, they can both be renewed. Later in this guide, I will talk about the duration of each of these visas.
Additionally, while the L1 and E2 visa do not directly lead to a green card, there are ways to convert both of these visas into a green card (permanent residence). Later in this article, I will discuss how to do this.
3. Position-Based vs. Investment-Based Visa
One of the fundamental differences between the L1 visa and E2 visa has to do with the focus of the visa.
L1 Visa
For the L1 visa, the main focus is on the L1 visa beneficiary’s job duties. Specifically, the L1 visa requires that the L1 visa beneficiary (the person applying for the L1 visa) must have worked in a managerial, executive, or specialized knowledge position with the foreign company. The L1 visa also requires that the L1 visa beneficiary will work in a managerial, executive, or specialized knowledge position with the US company. The L1 visa has 2 categories: L1A and L1B. The L1A category is for workers working in a managerial or executive capacity. The L1B category is for workers working in a specialized knowledge capacity. The job description forms the basis for which visa category to apply under.
Basically, the main focus of the L1 visa is to make sure that the L1 worker’s job duties are truly managerial, executive, or specialized knowledge in nature.
E2 Visa
For the E2 visa, the main focus has to do with making an investment in a US business. Specifically, the E2 visa requires that you make a substantial investment in a US business.
The Foreign Affairs Manual states: “No set dollar figural constitutes a minimum amount of investment to be considered ‘substantial’ for E-2 visa purposes” [9 FAM 402.9-6(D)].
Instead, USCIS conducts a proportionality test. The proportion is the amount of money invested versus the value of the business.
As a general rule of thumb, at my firm, I like to see that at least $100,000 invested in the business and put at risk. The higher the investment, the better the chance for your investment to be considered substantial.
If you have any questions about the E2 investment, please email me at michael@ashoorilaw.com. I’d be happy to help analyze your investment.
4. Availability Based on Nationality
One of the main differences between the L1 visa and the E2 visa has to do with the availability of the visa.
E2 Visa
The E2 visa is based on a treaty and is only available to people from certain countries. In order to be eligible for an E2 visa, you must have the nationality of a country that has an E2 treaty with the United States. Here is a list of the E2 treaty countries. While there are many E2 treaty countries, there are also many countries that do not have an E2 treaty. Some major countries that do not have an E2 treaty with the U.S. include China, Russia, India, and Brazil.
L1 Visa
The L1 visa is not based on a treaty. People with all nationalities are eligible to apply for the L1 visa (excluding travel ban issues).
5. Work Authorization
Both the L1 visa and the E2 visa authorize you to work in the United States.
With an L1 visa, you can only work for your U.S. company petitioner.
With an E2 visa, you must work for your E2 business. You cannot be a passive investor. As an E2 investor, you must be direct and develop the E2 business (meaning that you are actively involved in the business). You may not work for other businesses that are not your E2 business.
6. Work Authorization for Spouse
Both the L1 visa and the E2 visa allow your spouse to obtain work authorization.
The spouse of an L1 visa holder may apply for an L2 visa which is eligible for work authorization.
The spouse of an E2 visa holder, may also apply for an E2 visa. The spouse would also be eligible for work authorization as the dependent of the principal E2 investor.
7. Visa Duration
The E2 and L1 visas have different maximum durations of stay.
L1 Visa
For a new office, the initial visa is granted for a 1-year period and can be extended. For an existing office, the L1 visa is granted for a 3-year period and can be extended.
For an L1A visa, the maximum duration is 7 years. For an L1B visa, the max has a maximum duration is 5 years.
E2 Visa
The E2 visa’s validity period depends on the country issuing the visa. Most E2 visas range from 1 year to 5 years.
The E2 visa can be renewed as long as your E2 company continues to satisfy all the E2 visa requirements. There is no limit to the number of times an E2 visa can be renewed.
Important Point:
If your E2 visa is valid for 5 years, this does not mean that you may remain inside the US for 5 years straight. The E2 visa gives 2 years of status every time you enter the US. As long as your E2 visa is still valid, you may exit and re-enter the US for another 2 years of status. This concept can be confusing to understand, so if you have any questions about this, please email me at Michael@AshooriLaw.com.
8. Ability to Convert to Green Card
Both the E2 visa and the L1 visa are non-immigrant visas. This means that they do not directly lead to a green card. However, both the L1 and the E2 visa can be converted to a green card.
L1 Visa to Green Card
There are multiple ways to go from an L1 visa to green card. One of the most common ways to go from an L1 visa to green card is through the EB1C immigrant visa category. The EB1C in an immigrant visa category which very closely resembles the L1A visa with some key differences.
In addition to the EB1C option, another way to go from L1 visa to green card is through an employer sponsored green card. To learn more about how to go from an L1 visa to green card, please see my article on this subject here.
E2 Visa to Green Card
There are multiple ways to go from an E2 visa to green card. One option to do this is through the EB5 visa. The EB5 visa is an investment-based immigrant visa. Through the EB5 visa someone can apply for a green card based on making an investment in a U.S. company. As of the time this article is being written, the minimum EB5 investment amount is $900,000. One of the benefits of going from an E2 visa to an EB5 visa is that you may be able to credit the amount you’ve already invested in your E2 business toward your required EB5 investment. This is a complex area of immigration law, so if you have any questions about this, feel free to email me directly at Michael@AshooriLaw.com.
Another way to go from an E2 visa to green card is through an employer sponsored green card. To learn more about how to go from an E2 visa to green card, please take a look at my article on how to do this.
9. Availability for New Businesses and Existing Businesses
Both new businesses and existing businesses are eligible to apply for an E2 or an L1 visa, assuming all requirements are met.
Under the L1 visa, you may apply for a “new office” L1 if your U.S. business has been operational for less than 1 year. Basically, the L1 visa has a special option for new offices. Through the L1 visa, a foreign company can transfer an employee to come to the U.S. to work for a brand-new office. If the U.S. business has been operating for longer than a year, the foreign company can also transfer the L1 beneficiary to the U.S. company (this would be an existing office L1 visa).
To qualify for the E2 visa, you can either start a new business or invest in an existing business. These two visas present excellent opportunities for people to create new businesses in the U.S.
10. Conclusion
The L1 visa and E2 visa are both great options for coming to the U.S. if you are an entrepreneur, investor, or high-level manager/executive. These visas have many benefits and similarities. Simultaneously, the L1 visa and E2 visa have several key differences.
You should now have a much better understanding of the similarities and differences between these two visas.
If you would like further help in choosing between these two visa categories or if you have any questions, please email me at Michael@AshooriLaw.com. I would be happy to help you.
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Professional lawyers
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Yuka Kataoka
1677581194
Ashoori Law office assisted me in obtaining a re-entry permit for a green card holder. I had a free telephone consultation during which they explained the application process in detail, their fees, and their planned procedures. They assigned a... single point of contact who assisted me in filling out the application form, monitored the status and followed up with the immigration office when/if necessary. I felt that Ashoori Law had my best interest at heart and did everything they could to help me through the process. When my assigned contact person was out of the office (only once during this long process), someone else stepped in quickly to answer my questions. Their internal coordination worked seamlessly. If I have another immigration matter that requires a lawyer, I know I will reach out to Ashoori Law. I also recommend the Ashoori Law YouTube channel as it provides valuable information in a very timely manner.read more
Jadranka Dragic
1677524302
I got exelaint experience with Ashoori Law firm they advice us me and my now husband what to do how to apply for a green card and I received the green card after only a seven months.Ashoori Law firm is the one I recommend to anyone who has an... issue with the immigration or naturalization in USA.They are so professional and helpful.read more
Sebastian Duerr
1677128931
Michael and his colleagues are very skilled and knowledgable. Particularly Matthew is great. Although we needed to contact the operations team proactively, they do great work for us. Thank you for providing guidance through this complex process.
l am who I am - A Jamaican
1677019507
Thanks to Ashoori Law I have now gain aquire my change of status within a very short space of time.I have no reservation in recommending this Immigration Law Firm..You have indeed help to change my life and I know many more to come.
Donnie Ramlal
1677009911
The entire team at Ashoori law has done a fantastic job of securing our E2 status here in USA . Every step of the process was very transparent and professional. They have treated us like family at the same time and have helped us secure an... opportunity to live the American dream . Special thanks to Michael , Ehsan , Rebecca , Patricia and others who have worked on our case .If you are looking for a law firm to attend to all your immigration needs , no matter what your situation is , look no more . Rest assured Michael Ashoori law have your best interests at heart . It’s a one stop shop , they handle everything for you 💯 %read more
uanderson duarte
1677000716
Well experienced , reliable and fast team , Ashoori Law team guided me efficiently in getting me and my family E2 Visa.
Vlado Kolistrkoski
1676563057
My experience with Ashoori Law started when my younger son had an issue with his green card and it was solved really very professionally so my son recommended me Ashoori Law. So when I found the love of my life Ashoori Law was the firm help me out... with all the advice and finally resolved the issue with getting the green card for my now new wife and because of that I am very satisfied and recommend Ashoori Law as a great professional and friendly firm providing excellent service.Best regardsVlado Kolistrkoski.read more
saha kabgani
1676487618
So happy to have worked with this law firm, We obtained them for my E2 Visa. They are for responsive, helpful and my entire process went very smooth considering I was very afraid not having the knowledge of how to proceed. I definitely recommend... them as I have also dealt with a few different lawyers regarding similar matter and unfortunately I did not have as great result as I did with them.read more
KAY QIAO
1676013472
Probably the most efficient and professional attorney I've worked with. They answered my emails fast and in detail, so I always could get the answer that I was asking for. Highly recommend to anyone who need true support and professionalism.Thank... you so much.:)read more
Felix Evans
1675895179
Ashoori Law, is the best and most professional Legal firm I have done business with. They provide support, responds to queries promptly and most of all provide excellent service dealing with the issues. Excellent Immigration Legal Firm
Leila Rafiei
1675888317
Ashoori Law gave us the guidance and expertise we were looking for our E2 visa. Always supportive, extremely knowledgeable and very thorough. Ashoori team is the success factor that resulted in an approved visa!
Michelle M Kang
1675473942
I was very pleased with the work Ashoori Law did for me and am excited to take the next step moving forward in my journey to immigration to the U.S. My decision to work with Ashoori was one of the greatest things I have ever done in my entire life.... During the several months working with the firm, I learned a lot about the firm in addition to my first impression from the initial consultation. Ashoori Law is young, driven, positive, and passionate about helping others achieve their goals and dreams in their lives. They have a keen eye for finding out what you have whether big or small and have the knowledge and skills that turn it into a success. If your chances of success in your immigration journey are 10%, they won’t give up and lead you somewhere you are fully qualified and successful. Of course, you have to be cooperative to make that happen. For example, your honesty, sincerity, determination, professional attitude, communication, etc. will matter all the way to your success. I believe that Ashoori Law has great potential to continue to grow and serve diverse clients from around the world.read more
Adeel ad
1675369694
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Matthew and... Business professional team were outstanding. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements .read more
Ani Mikirdichian
1675115376
Ashoori Law has been a great partner throughout our immigration process. They have made this whole experience very easy and have answered all of our questions along the way. We highly recommend Ashoori Law and can not thank them enough!!
Ruth Ngakae
1675111500
Hello everyone,I wish to testify that Ashoori law firm is the right place for all kind of immigration issues,I personally have the best experience of my life being one of their client.The Ashoori law firm took me all the way from the beginning of my... case till date,the lawyers are so kind and very respectful,patient and understanding,they respond to your calls and reply your emails giving you update of your case and all what is needed to be done,they filled all my paperwork,sent to me to check and sent back to them for any corrections and gave me that warm assurance,as I am talking to you right now, my case has been approved,I am so grateful to God and the Ashoori law firm who sacrificed their time for me till this very moment,I am based in Georgia and they are based in California so bear in mind that distance is not a barrier,please hurry up and call Michael Ashoori and colleagues in any immigration case you have been battling with and then tomorrow you will definitely come here and testify your victory as I am doing now,My sincere big thank you to God Almighty who linked me to Ashoori law firm who has put a beautiful smile on my face and my entire family,Long live Ashoori law firm and God bless y’all 👍🙏🙏🙏🙏🙏🙏read more
Ever Zalazar
1675095317
Ashoori Law handled my working permit application professionally. Their staff is very professional. Since day one, I contacted them; I knew my process would have a positive outcome. During the whole process, I always received the support of the... team, any conference call to follow up was on time, and the information satisfied my questions. I'm delighted to have chosen Ashoori law.read more
Sahan Kaushal (Kawwa)
1675059855
I feel really happy that I have processed my Re-Entry Permit with Ashoori Law. They have been great, very responsive and professional. I would recommend 'Ashoori Law' to any one who is in need of anything related to immigration.I am highly... satisfied with their service. Thanks 'Ashoori Law'.read more
Shota Leladze
1674871442
The team is helpful! I've have the answers on all of my questions I've ever asked to them!
Leah H
1674833566
Our Texas based Endurance Horse Racing company was just approved for our E2 Visa along with our three essential employees yesterday at the Toronto Consulate. I wanted to thank Ashoori Law and their team for such excellent and professional care they... took for our family and business. We had a very unique case with an unusual business type, complicated investment, and three essential employees all being applied for at once. I have no regrets hiring their law firm to walk us through this process step by step ensuring that every t was crossed and I dotted along the way. We placed our lives in their hands, and they truly took care of us. I HIGHLY recommend their services to anyone looking to obtain an E2 status. A special thank you to their team member Christina who always replied promptly and thoroughly to all my questions, taking the time to really understand the uniqueness of our situation and having never met anyone on their team, really making us feel cared for and important.read more
Abdulakim Abrahim
1674829940
Please help me I am from Ethiopia thanks
AN
1674746245
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Rebecca and... Business professional Elaine were outstanding. Rebecca also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements and will let friends and family know as well.read more
Anne Summanen
1674700602
My family and I got a successful E2 Visa with the help of Ashoori Law. They are well organized and have a system that get things done. With the help of a portal, it made it easy for us to keep on track and to follow our progress. Every one was... extremely professional. Thank you so much! Highly recommended!read more
Pragadeesh Suresh Babu
1674687597
Had a great experience with Ashoori law after I was recommended to them by a colleague. They were very professional and answered all my questions in a timely manner. Definitely recommend!
Antoni Matte
1674652577
With the help of Ashoori law and their team, our application went smoothly and we were able to get our visa.
Brahim Bougrayne
1674620459
Im a citizen from Belgium and has applied voor a E2 visa and thanks too Ashoori Law i have been approved!!His team did a great job, they help you step by step and always can you reach them by phone, email or whatsup!!Thanks Ashoori Law
Adriana HERNANDEZ BERMUDEZ
1674529670
Hello,My name is Adriana, I am from Colombia. I married my husband Edward who is an American citizen in Bogota Colombia in 2013. My husband moved to Bogota in 2015 until we decided in late 2022 it was time for me to apply for my USA Residency.... We started searching for Immigration Lawyers and came accross Michael Ashoori through a referral from EIN Express where I received my ITIN number. We emailed Ashoori Law and quickly received a reply explaining that a phone interview was required. The interviewer was ontime and very efficient in answering all our questions and concerns. We then decided to use Ashoori Law. A list of documents which were needed were sent to us, keep in mind that if you do not provide these Documents in a timely manner Ashoori Law can not do their job to help you. We had one person ¨Zeser¨ from almost the very beginning to assist us with every concern or question until today he continues to answer questions. Ashoori Law office filed all the documents with USCIS in the first week of June, 2022 in January 2023 I received my United States Of America Employment Authorization Card. I sincerely recommend Ashoori Law not only for their excellent customer service but also for their efficient work.Thank You.Adriana Hernández Bermúdez.read more
Escheyder Acosta
1674504347
My company chose Ashoori Law to help me out in getting my work VISA to be able to move to the USA.At first, they send you a welcome email with all contacts and assigned lawyer. I think this is a nice touch so I can get familiar with the people... within the firm I can contact.I felt a little bit lost at first. They have their own sharepoint to upload files and fill out forms. However, after I had my first meeting with Lorianne (my lawyer) everything was cleared out.There was so many information to be gathered for my type of VISA. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Whole process to gather information took around 3-months.In the end, after one last meeting, we were able to have everything ready to submit. VISA was approved right away without any questions from the immigration department.This firm was great help during my process. I have only worked with Lorianne. However, judging by her response time and customer service, I think overall, it is a great firm for the process they helped me with.read more
Yoonmo Sang
1674433283
I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. In addition, the staff are very helpful and friendly. I would definitely recommend Ashoori Law for anyone.
Akash Giri
1674155687
I recently applied for a green card using the services of Ashoori Law firm. The firm's team are knowledgeable, professional, and attentive to every detail of my case. They helped me every step of the way and were able to answer any questions I had.... The communication was clear and very fast, making me very well -informed every step of the way. They are experts in the field and truly care about the clients. Highly recommended!!!read more
Raja Zulqarnain Haider
1673727230
We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more
Phongmanas S
1673551512
Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more
Lords Child 777
1673482463
Ashoori Law is the ABSOLUTE best law firm I have dealt with concerning Immigration and much more. Daniel Tierney Atty, is the most professional, intelligent, and courteous etc., Attorney I have communicated with. He is one of the main reasons I have... chose this law firm. This law group uses state of the art telecommunicating program where you are literally so informed and advised before, during, and after your calls with them. Their administration is fabulous as well. A to Z these people are the BEST! Try them and see for yourself.read more
Siranush Vardanyan
1673366640
My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more
Samantha Jacobs
1673240791
Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more
Michael Ashoori, Esq.
U.S. Immigration Lawyer
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.