E-2 Visa Marginality: Why the Business Plan Must Show More Than Survival

An E-2 business cannot be merely marginal. The case should show that the enterprise has the present or future capacity to generate more than a minimal living for the investor and family, or that it will make a meaningful economic contribution.

For an operating business, useful evidence may include payroll, tax records, profit and loss statements, contracts, invoices, leases, licenses, bank records, vendor relationships, customer pipelines, and proof that the investor is actively directing the enterprise. For a startup, the business plan needs credible numbers tied to real market evidence.

Common weaknesses include a plan that only supports the investor's household, vague hiring projections, unsupported revenue assumptions, passive investment, or money spent on items that do not help the company operate. Consular officers and USCIS may also look for whether the investment is already committed and at risk.

New Horizons Legal helps treaty investors build E-2 filings that connect investment, operations, hiring, revenue, and long-term growth into one coherent business story.