E-2 Visa – Staying Out Of “Marginal” Territory

One of the main requirements of the E-2 Visa is that the business in which you make your investment must not be a “marginal” enterprise, which is one that can only make enough profit to provide a living for the E-2 investor and his or her family. Essentially, this means every E-2 business must be capable of creating jobs for U.S. workers within five years after obtaining the E-2 visa.

How to Stay Out of Marginal Territory

To prove that you are not investing in a marginal business, you need to set forth precise projections regarding the number of U.S. workers your E-2 enterprise will be hiring within five years after it becomes operational. If you are starting a new business from scratch, this determination will typically be somewhat speculative. Thus, why hiring some U.S. workers immediately upon securing your E-2 Visa is a step in the right direction, as it bolsters to the credibility of your 5-year business projections.

To prove that your E-2 investment will not be marginal it is vital to show the USCIS that you will run your E-2 business at such a scale that there is simply no way it can operate successfully without a workforce.

Another relevant factor is the capacity to make a significant contribution to the economy of the United States. The USCIS will measure this economic contribution by looking at the projected return on the E-2 investment.

When it comes to staying out of the marginal territory, having a comprehensive business plan is key. The business plan you include in your application should contain detailed information about the number of U.S. workers you will be hiring on a year-by-year basis, as well as profit and loss projections and business growth strategies for the next five years.

Your goal here is to show the USCIS that your E-2 business will grow over the long run, and you must include your strategies to make this growth happen. To obtain the E-2 Visa, showing that your business has the potential to grow tells the USCIS it will generate enough money to hire more U.S. workers in the future and, therefore, have a positive impact on the economy of the United States.

In addition, having other sources of income or a substantial amount of money in a savings account is a good idea. Such sources of income in savings accounts help establish that you will not be relying entirely on the E-2 business to support yourself and your family.

U.S. Workers vs. Economic Contribution

Often, demonstrating that your E-2 business will create a significant number of jobs for U.S. workers is enough to fulfill the marginality requirement of the E-2 Visa. However, other times, hiring a large pool of U.S. workers may not be necessary if you can show that your E-2 business will make a significant contribution to the economy of the United States. The Foreign Affairs Manual (FAM) clearly states that substantial evidence on one of these two factors will suffice.

Work with an E-2 Visa Attorney

Marginality is subjective, which makes it hard to understand what it actually takes to fulfill this requirement. The help of an Immigration Attorney can maximize your chances of obtaining your E-2 Visa through a smooth application process.

Hiring a lawyer is not a requirement – it is a necessity.

Jurado & Farshchian, P.L. can help you. Give us a call today at (305) 921-0440 or send us an email to [email protected] or via WhatsApp https://wa.me/13059210440 to learn more about our services and schedule an initial consultation with one of our E-2 Visa experts.