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MCBRIDE · PLANNING GUIDE

McBride business guide: where each case is filed and how long the route takes

USAvisa field guide · 4 minute readReviewed 7 September 2026

Read the general pathway comparison overview

THE SHORT ANSWER

These two classifications are obtained through different machinery. One is a petition filed by an employer and adjudicated by immigration services, with an alternative counter for Canadians in some cases. The other is normally a consular application made against a registered enterprise, with no employer petition at all. Knowing which office decides, and in what order the steps fall, changes when a household can realistically move.

01

The transfer path: a petition first, with a Canadian shortcut

An L-1 begins with the employer rather than the employee. The petitioning entity files the nonimmigrant worker petition with its L supplement, and the whole evidentiary burden sits in that filing — the qualifying corporate relationship, continuing business in the United States and in at least one other country for the duration of the stay, the beneficiary’s twelve continuous months of full-time employment abroad within the previous three years in a managerial, executive or specialised-knowledge capacity and excluding U.S. workdays, and a U.S. role that is primarily managerial or executive or that depends on knowledge particular to the company’s product, process or procedures. Premium processing is available, and it is usually the reason a corporate timetable holds. Canadian citizens have a second option: the petition may be presented at a Class A port of entry or a pre-clearance location and adjudicated on the spot, which is fast but unforgiving, since a thin file cannot be supplemented before the decision. Employers running an established transferee programme may hold a blanket approval, shifting the qualifying analysis to the officer at the border. A new-office petition — one where the U.S. entity has been doing business for less than a year — is approved for a single year whichever door was used, and must show secured premises together with, for an L-1A, a qualifying year abroad spent specifically in managerial or executive work and an operation able to support a primarily managerial or executive role within that year, or, for an L-1B, the financial ability to pay the beneficiary and start trading.

02

The treaty-investor path: registration, then an interview

There is ordinarily no employer petition in an E-2 case. The enterprise is registered with the consular post that handles treaty cases for Canada, and the applicant lodges the treaty-investor application together with the supporting business file. That file has to carry the entire case at once: treaty nationality for the applicant and for at least half of the enterprise’s ownership, evidence that lawfully obtained funds are irrevocably committed and genuinely at risk, an amount substantial in proportion to the cost of the business, a business that is real and operating rather than marginal, and an applicant who will develop and direct it through majority ownership or another documented form of operational control, holding throughout an intention to depart when the status ends. Escrow releasing on visa issuance is the usual way to reconcile risk with commercial prudence. Because the decision is made at interview, preparation is front-loaded, and changing the business plan late in the process generally means rebuilding the package.

03

Sequencing a household around either answer

Hypothetical example: a McBride machining shop wants a presence in Oregon inside four months. If it already owns the U.S. entity and is moving its production supervisor, a premium-processed transfer petition fits that window, though a new office would still carry only a one-year initial approval with an extension to earn. If instead the owner is buying an Oregon shop outright, the treaty-investor timetable depends on how quickly the purchase closes and the enterprise is documented, and nothing in that route resembles premium processing. Spouses often decide the question: an L-2 spouse and an E-2 spouse are each employment-authorised incident to status, so either route frees the accompanying partner to work, while children in either status may attend school but may not take a job. Neither classification is an immigrant one, and time accumulated in either does not by itself produce permanent residence, so a family intending to settle needs a separate plan of its own.

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