One of the primary requirements of the E-2 Visa is that the business in which you invest must not be a “marginal” enterprise, one that generates only enough profit to sustain the E-2 investor and their family. In essence, every E-2 business must have the potential to create jobs for U.S. workers within five years after obtaining the E-2 visa.

Understanding the “Marginal” Requirement

The E-2 Visa offers a pathway to investing in and operating a business in the United States, but it comes with an important condition – the business must not be “marginal.” A marginal enterprise is one that can only generate sufficient profit to provide a living for the E-2 investor and their family. To fulfill this requirement, every E-2 business should demonstrate its capacity to create job opportunities for U.S. workers within five years of securing the E-2 visa.

Proving Your Business Is Not Marginal

To assure immigration authorities that your business won’t fall into the marginal category, precise projections are essential. These projections should outline the number of U.S. workers your E-2 enterprise plans to employ within the first five years of operation. While these projections can be somewhat speculative, especially for new businesses, taking the initiative to hire U.S. workers shortly after obtaining your E-2 Visa strengthens the credibility of your long-term business plans.

In essence, you must showcase that your E-2 business operates on a scale that demands a workforce for success.

Demonstrating Economic Contribution

Another vital aspect is the potential to make a significant contribution to the U.S. economy. Immigration authorities will assess this economic contribution by examining the projected return on your E-2 investment. When it comes to avoiding the “marginal” label, a comprehensive business plan becomes pivotal. Your application’s business plan should provide detailed insights into the following:

• Year-by-year employment projections for U.S. workers
• Profit and loss forecasts
• Strategies for business growth over the next five years

The ultimate goal is to convince immigration authorities that your E-2 business has the potential for long-term growth, thereby ensuring the ability to hire more U.S. workers and positively impact the U.S. economy.

Diversifying Income Sources

Having other sources of income or a substantial savings account can be advantageous. These additional income sources and savings accounts bolster your case by demonstrating that you won’t solely rely on your E-2 business to support yourself and your family.

U.S. Workers vs. Economic Contribution

In many cases, demonstrating that your E-2 business will create a significant number of jobs for U.S. workers is sufficient to meet the marginality requirement. However, there are instances where hiring a large number of U.S. workers may not be necessary. Instead, you can focus on showing that your E-2 business will make a substantial contribution to the U.S. economy. The Foreign Affairs Manual (FAM) clearly indicates that substantial evidence in favor of either of these factors will suffice.

Seeking Legal Guidance

The determination of marginality can be subjective, making it challenging to understand precisely what it takes to fulfill this requirement. The assistance of an experienced immigration attorney is invaluable in maximizing your chances of obtaining your E-2 Visa through a smooth application process.

Jurado & Associates, P.A. is here to guide you. Contact us today at (305) 921-0976 or reach out via email to [email protected] or WhatsApp at +1 (305) 921-0976 to learn more about our services and schedule an initial consultation with one of our E-2 Visa attorneys.