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RURAL MUNICIPALITY OF SHERWOOD · BRANCH OR PURCHASE

Decide whether a shop owner expands by branch or by buying a U.S. business in her own name

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

The same commercial goal can be reached through two different classifications with different evidence. Hypothetical example: the owner of a metal-fabrication shop in the Rural Municipality of Sherwood wants a U.S. presence and can either have her Canadian company establish a U.S. subsidiary that she runs, which points toward L-1A, or personally buy a small U.S. fabrication shop, which points toward E-2. The choice turns on who owns what, how long each route can last and what happens to the family, not on which sounds simpler.

01

Follow the ownership

L-1A requires a qualifying relationship between the Canadian employer and the U.S. entity, so the Canadian company, not the owner personally, must own the U.S. subsidiary or share common ownership with it. The owner then transfers as an employee of the group, and she must have worked for the Canadian company in a managerial or executive capacity for a continuous year within the past three, which as owner-manager she likely has. E-2 runs the other way: the owner as a Canadian citizen invests her own money in a U.S. enterprise she owns and directs, and the Canadian shop is irrelevant except as a source of funds. If she wants the U.S. business to remain a corporate asset of the Canadian company, L-1A fits; if she wants to hold it personally, E-2 fits. Mixing the two, for example a personal purchase presented as a corporate transfer, produces a file that satisfies neither.

02

Compare duration and what comes after

L-1A status is capped at seven years, and a new-office petition starts with one year followed by extensions that depend on the subsidiary growing into a genuinely managed operation. It does, however, align with the multinational manager immigrant category, which can lead to permanent residence if the corporate structure is maintained. E-2 has no fixed maximum; it is renewable as long as the enterprise continues to qualify, but it carries no direct route to permanent residence, and the investor must maintain the intention to depart when the status ends. For an owner who wants a permanent U.S. base for the business and possibly for herself, L-1A's link to an immigrant route matters. For an owner who wants flexibility and indefinite renewals without a corporate group, E-2 may serve better.

03

Weigh the family and the money at risk

Under either route the spouse is employment-authorized incident to derivative status and children may study but not work until they age out at twenty-one, so the family outcome is similar. The financial exposure differs. L-1A puts the Canadian company's capital into a subsidiary, and the petition asks for evidence of premises and the capacity to support the role, not for a particular investment size. E-2 requires the owner's own funds to be irrevocably committed and at risk, substantial relative to the business and in an enterprise that is more than marginal, with a plan to employ U.S. workers. If the owner is unwilling to put personal money at risk, E-2 is unsuitable regardless of its other attractions. Ask a cross-border accountant which structure the group's tax position favours before the immigration choice is made, because reversing it later is costly.

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