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E-2 Treaty Investor Visa and Marginality

If you are considering applying for an E-2 treaty investor visa, assuming that you come from a treaty country, you must meet several requirements set forth in the USCIS website:

  1. You must be coming to the U.S. to invest in a new or existing enterprise.
  2. Your investment must be in a bona fide enterprise and may not be marginal.
  3. You must be in possession of the funds you will invest and the funds must be committed to your business.
  4. You must be able to provide the source of your funding.
  5. You must be coming to the U.S. to develop and direct the enterprise.

Most of these requirements appear straightforward enough, except for the requirement of non-marginality. Other visas such as the EB5 Investor Visa, require the investment of a specific amount of money. Not so for the E-2 Treaty Investor visa, which does not require the investment of a specific monetary amount but requires, instead, that the investment not be marginal. What this means in reality is that the investment must be more than a small amount of capital in an enterprise solely for the purpose of sustaining the investor and his or her immediate family.

As to what amount of money will not be considered marginal will depend, in large part, on the type of enterprise being created and on whether, for example, the enterprise will be employing people from outside the investor’s immediate family circle.

If you are considering the possibility of applying for an E-2 Treaty Investor visa, you should consult with an experienced immigration attorney to make sure that you meet all of the requirements, including marginality.

Here at Garcia & Miranda, PA, we have the experience and the knowledge to guide you through the process. Contact us for a more detailed analysis of your situation by a dedicated and knowledgeable Miami immigration attorney.


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At Garcia & Miranda, PA, we have more than 50 years of combined legal experience to our name. Our team is comprised of legal professionals who draw on unique backgrounds – including former experience as an immigration prosecutor, immigration judge, and Managing Attorney of the CLS. We have prevailed in some of the toughest immigration matters due to our creativity, patience, and genuine compassion. We are truly invested in the success of your case.