The requirements for an E-2 Investor visa go beyond a substantial financial investment. One of the primary considerations when determining qualifications for the E-2 visa is whether the enterprise is more than marginal. We discuss the marginality requirement for an E-2 Visa here.
What is the “marginal” requirement for an E-2 investor visa?
According to the U.S. Foreign Affairs Manual (FAM), a marginal enterprise is defined as:
[A]n enterprise that does not have the present or future capacity to generate enough income to provide more than a minimal living for the treaty investor and their family. An enterprise that does not have the capacity to generate such income but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future capacity should generally be realizable within five years from the date the applicant commences normal business activity of the enterprise. 9 FAM 402.9-6(E)
As indicated in the FAM, if the investment does not have the present or future ability to provide income and a living for more than just the investor within five years, it will not qualify for E-2 Visa status. Under this rule, an investment in a residential property, land, or one to generate an income for only the investor will not suffice for an E-2 visa. In general, an enterprise that does not have the present or future capacity to create employment for at least three workers is insufficient for an E-2 Visa.
Conclusion
The E-2 visa is valuable for investors seeking business in the United States. By understanding the components of an investment, investors can ensure a smoother, more efficient visa application process. If you have questions about the E2 visa or require assistance, consult one of our experienced immigration lawyers.
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