Minimum Business Size: Enterprise Must Not be Marginal
The law does not specify a minimum business size to qualify for
the E2 investor visa. The law requires that the investor must not
be investing in a marginal enterprise solely for the purpose of
earning a living. An applicant is not entitled to E2 visa, if the
investment, even if substantial, will return only enough income
to provide a living for the applicant and family. There are various
ways to help determine whether an investment is marginal, in the
sense of only providing a livelihood for the investor.
To determine whether a business is considered marginal, first,
look to the income from the investment. If the income derived from
the business exceeds what is necessary to support the investor and
his or her family, then the business is sufficiently large.
If the above test is not satisfied, then it becomes necessary to
consider other factors. One can look to the economic impact of the
business. The business must have the capacity, present or future,
to make a significant economic contribution such as employing US
workers. The projected future capacity should generally be realizable
within five years from the date the investor commences normal business
operations. Applicants need to submit a reliable business plan to
verify the capacity to realize a profit within a maximum five years.
FOR CONSULTATION WITH AN IMMIGRATION ATTORNEY, PLEASE CALL
US AT (626) 279-5341 OR E-MAIL US AT: INFO@E2VISALAWYER.NET. AN ATTORNEY IN OUR OFFICE WOULD
BE HAPPY TO ASSIST YOU.
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ADVICE. SUCH INFORMATION IS INTENDED TO EDUCATE MEMBERS OF THE PUBLIC
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REGARDING SPECIFIC CASE SITUATIONS.
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