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The standards the US government considers for the E-2 visa include the requirements that:
Your investment must be “substantial”;
The stipulation that the enterprise may not be marginal means that your invested enterprise must have the capacity, present or in the future, to generate more than enough income to provide a minimal living for the E-2 visa investor and his or her family. The projected future capacity should generally be able to be reached within five years. In other words, if your investment can only make enough of money to support you and your families’ living, it would be deemed as marginal. Marginality can be documented through a strong and thorough Business Plan that documents the growth of the business, as well as the need and ability to hire additional U.S. workers.
Therefore, if the investor owns property abroad, it is suggested not to sell all assets to use for the E2. Keep some sort of additional funds or property to satisfy the Immigration service, you will support a substantial business.
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Your investment must be in a real and operating business and not a “paper company” or idle speculation;
Your investment may not be “marginal”;
You must have control of the funds used to purchase/operate the business and you must bear the risk of the investment.