How Can I Know if my E2 Visa Investment is Marginal?

Posted: Nov 2, 2021

A marginal business is one that is not and will not be profitable enough to keep employees on the payroll. Its sole purpose is to provide the investor with a minimal income, just enough for them and their family to live on. However, a business with the present or future potential to make a significant contribution to a country’s economy—even if not doing well now—is not considered marginal.

If your E-2 business expands local job opportunities, positively impacts the local economy, has the potential to grow over the next few years, remains profitable for a set amount of time, or maintains a healthy number of employees, you should be able to establish that it is not a marginal business!

Visit our E-2 visa page, for more information about who can apply, the E2 visa requiriements, the benefits of this visa, and the application process.

Do I qualify as an E-2 Treaty Investor?

According to USCIS, to be considered a treaty investor you must:

  • Be a national of a country with which the U.S maintains commerce and navigation treaties.
  • Have invested or currently be investing a substantial amount of capital in a genuine (not marginal) business in the U.S.
  • Demonstrate that you will enter the U.S. to manage and expand the business. To do so, you must own more than 50% of the company or have operational control over the company through a management position.

Meanwhile, E-2 employees must:

  • Have the same nationality as the principal foreign employer (who must have the nationality of the treaty country)
  • Meet the definition of "employee" under the relevant law
  • Either be engaged in functions of an executive or supervisory nature, or if employed in a lesser capacity, have special qualifications.

Special qualifications are all those qualities that make an employee essential for a position. It may be their degree of experience, specific skills, or the availability of such skills in the U.S.

Contact one of our E2 Immigration Lawyers today! 

It is important to remember that the requirements for a business not to be marginal are somewhat vague. And while the general rule “the more, the better” can help you when it comes to revenue and employees, the best thing to do is to contact a team of experienced lawyers who can guide you through the complicated process – timing, forms, additional documents and more.

Immigration attorney Nayef Mubarak speaks English, Arabic, and Spanish. He has successfully assisted clients from Venezuela, Italy, Dubai, Palestine, India, Egypt, Panama, and Mauritius seeking E-2 status. We can also assist you in Portuguese (see some client reviews here).

Please call us today at (407) 502-3000 or fill out our online form and we will get back to you shortly. We have a 24-hour emergency service.

Contact us anytime with your questions regarding your business. We will gladly help you!
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