Marginality Test
E-2 visa · Reinvent NY glossary
USCIS applies the marginality test to ensure an E-2 business is not merely a 'lifestyle' business that only supports the investor's family. The enterprise must have the present or future capacity to generate significantly more income than just providing a minimal living. Businesses projecting $150,000+ in annual revenue with plans to hire 3-5 employees within 2-3 years typically pass this test. A detailed 5-year business plan with financial projections is essential to demonstrate non-marginality.
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