Meeting the marginality requirement of the E-2 Visa is not an easy task. To meet this requirement, you need to prove that your business will not be marginal, meaning that it will generate more than enough income to support you and your family and that it will create jobs for U.S. workers. In other words, your application needs to show how your E-2 business will be successful. If you are considering applying for an E-2 Visa, read on to learn what you need to know about one of the most important requirements you will need to meet to obtain it.
The Marginality Requirement and Why Is It Important
To obtain an E-2 Visa, your business must not be established solely for the purpose of earning a living for yourself and your family. In other words, your business must have a positive and significant impact on the U.S. economy by creating jobs or generating revenue.
The marginality requirement is important because meeting it shows that your business is not a fraudulent or speculative scheme to enter the United States and that you are not dependent on public assistance or welfare.
How to Meet the Marginality Requirement of the E-2 Visa
To meet the marginality requirement of the E-2 Visa, you need to provide evidence showing that your business has the present or future capacity to generate more than enough income to provide a minimal living for yourself and your family.
Some of the documents that you can provide to meet the marginality requirement of the E-2 Visa are:
- A detailed business plan that shows your market analysis, financial projections, marketing strategies, operational plans, and other key elements of your business
- Financial statements or tax returns that show your past or current income and expenses
- Bank statements or receipts that show your investment or reinvestment in your business
- Contracts or invoices that show your current or potential customers or clients
- Payroll records or employment agreements that show your current or planned employees
- Licenses, permits, certifications, or memberships that show your compliance with legal and regulatory requirements
USCIS will evaluate your evidence based on several factors, such as:
- The nature and size of your business
- The amount and source of your investment
- The type and location of your market
- The number and quality of your jobs
- The duration and growth potential of your business
USCIS will also compare your evidence with other similar businesses in your industry or area to determine if your business is marginal or not.
How We Can Help You Meet the Marginality Requirement of the E-2 Visa
Meeting the marginality requirement of the E-2 Visa can be challenging. It requires a lot of research, analysis, planning, and documentation. You need to show that your business is real, viable, and beneficial to the U.S. economy, which can be hard given the fact that you need to do this before your business begins operating if you are starting an E-2 business from scratch.
When you work with experienced immigration attorneys, you have people by your side who can help you prepare a detailed and convincing business plan that shows how your business will generate more than enough income to support you and your family and have a positive and significant impact on the U.S. economy. However, there is far more attorneys can do for you when applying for the E-2 Visa. A team of skilled immigration attorneys can help you avoid or overcome any potential issues or challenges that may arise during your E-2 Visa application process, such as requests for evidence, denials, and appeals. Working with experts saves you time, money, and stress, and increases your chances of getting your E-2 visa approved. That is why we strongly advise you to seek professional assistance.
At Jurado & Associates, P.A., we have the knowledge and experience to help you with your E-2 visa application. We will work with you to understand your business objectives so we can create a customized application package that successfully proves that you and your business meet the marginality requirement.