An essential aspect of qualifying for the E-2 Treaty Investor Visa involves proving that the business is not merely a marginal enterprise. According to Section 9 FAM 402.9-6(E), a marginal enterprise is defined as one that cannot generate more than a minimal living for the investor and their family. Conversely, a business poised to make a significant economic contribution within five years of commencing operations meets the non-marginal requirement, paving the way for E-2 visa eligibility.
Investor Requirements: Hiring U.S. Workers
For an E-2 business, the requirement extends beyond the investor’s personal financial needs; the enterprise must also contribute to the U.S. labor market. This stipulation often questions the specifics of required employment types—whether positions need to be full-time, part-time, or contractual. Although the E-2 visa regulations do not explicitly mandate full-time employment, prioritizing full-time positions over part-time or contractual work can significantly bolster the strength of the visa application. Our recommendation for an E-2 visa is no fewer than three full-time US workers.
E-2 Visa vs. EB-5 Visa
Unlike the E-2 visa, the EB-5 investor visa explicitly requires the employment of full-time W-2 employees. This distinction highlights the E-2 visa’s flexibility and underscores the importance of substantial job creation within the business plan.
Strategic Employment Planning for E-2 Visa Success
When planning for an E-2 visa application or its renewal, it is crucial to demonstrate U.S. workers’ potential or actual employment. The citizenship or immigration status of employees may also influence the evaluation of the business operation under E-2 visa scrutiny. A balanced approach—employing a mix of full-time, part-time, and possibly contractual workers—can satisfy visa requirements while adapting to the business’s operational needs. However, incorporating full-time U.S. employees can distinctly enhance the application’s prospects.
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