E2 Visa Marginal

The requirements to obtain an E-2 Investor visa go beyond a substantial financial investment. One of the main considerations when determining qualifications for the E-2 visa is whether the enterprise is more than marginal. We discuss the “marginal” 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 5 years, it will not qualify for E-2 Visa status. Under this rule, an investment in a residential property, vacation property, land, or one for the sole purpose 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 3 workers, is not sufficient for an E-2 Visa.

E Visas for Traders & Investors

What businesses qualify for an E2 Visa?

What is an “investment” for the E2 Investor Visa?

What investment amount is “substantial” for an E2 Visa Investment?

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