Is Your E-2 Business Too Marginal to Get Approved?

Some E-2 visa applications are denied not because the investor failed to invest or follow the rules, but because the business is considered marginal.

Under E-2 visa law, your business must demonstrate more than just the ability to support you and your family. U.S. immigration officers look for growth, economic contribution, and long-term potential. If your business doesn’t meet these expectations, your application could be denied, even if the investment is real.

In this guide, we break down how marginality is defined, identify key red flags to avoid, and explain how Brudner Law helps foreign investors establish E-2 businesses that clearly meet USCIS standards.

What “Marginal” Means in E-2 Visa Law

The term marginal enterprise comes from the Foreign Affairs Manual (FAM) and USCIS policy guidelines. It refers to a business that does not—and likely will not—generate income beyond what’s necessary to support the investor and their immediate family.

This doesn’t mean your business must be instantly profitable. It means your business must have a credible plan to grow, create jobs, and contribute economically.

USCIS assesses both present performance and future potential. If your business looks like a sole-income setup with no scale, no employees, and no long-term outlook, you’re likely to face a denial on marginality grounds.

See how Brudner Law helps investors structure E-2 petitions that get approved.

Red Flags That Could Signal Marginality

Many investors don’t realize they’re building a business that raises concerns. Here are the most common red flags we see in E-2 denials:

• Low investment amounts without detailed justification or growth strategy
• No plan to hire employees or create U.S. jobs in the near future
• Passive or limited-scope business models (like managing rental properties or operating vending machines)
• Business ideas that don’t scale or reach economic viability beyond self-support
• Generic or poorly written business plans with vague numbers, unclear timelines, or unrealistic projections

None of these issues automatically makes you ineligible, but without context and strong evidence, they increase the risk of marginal findings.

We recommend reviewing the U.S. Department of State’s E-2 visa overview.

Why USCIS Scrutinizes E-2 Business Plans

Your business plan isn’t just a formality, it’s one of the most critical parts of your application. Officers are trained to examine viability, scalability, and overall economic contribution.

This means they’re looking for:

• Realistic financial projections backed by market research
• A plan for hiring U.S. workers
• Clear job descriptions and wage estimates
• Revenue growth that exceeds basic personal income needs
• Marketing, operations, and product/service development strategy

If your business plan lacks these details—or reads like a pitch to investors rather than an immigration roadmap—you’re likely to hit roadblocks.

Read our blog on how foreign entrepreneurs can secure an E-2 visa with stronger strategy.

Where Legal Help from Brudner Law Makes the Difference

At Brudner Law, we don’t just fill out forms. We help you build an E-2 case that works.

That includes:

• Advising on appropriate investment levels for your business type and industry
• Structuring your business operations to show non-marginality
• Coordinating with immigration-focused business plan writers who understand USCIS review standards
• Preparing detailed documentation of your financials, leases, employee plans, and more

We also help you avoid common legal pitfalls, like investing before your entity is properly structured or filing with weak documentation that doesn’t support your claims.

Get expert E-2 VISA guidance through legal support packages from Brudner Law today.

FAQs About Marginality and E-2 Visas

How much money do I need to invest to avoid being labeled marginal?

There’s no fixed amount—but investments under $100,000 often trigger more scrutiny. The key is whether your investment is substantial relative to the business and whether it shows job creation potential.

Can I qualify with a small service-based business?

Yes, but only if you show scale. This could include plans to hire assistants, expand regionally, or diversify services.

What if I want to start with a small team and grow later?

That’s fine! We recommend starting with at least one employee (even part-time! ) and include a plan that reflects credible projections, hiring targets, and financial details to support your growth path.

What happens if USCIS issues a Request for Evidence (RFE) about marginality?

You’ll need to respond with clear evidence—updated financials, detailed business plan revisions, or additional documentation. Brudner Law can help craft an effective response to keep your petition on track.

Don’t Risk a Denial on a Technicality

The E-2 visa offers incredible opportunities—but also requires clarity, detail, and strategic planning. Marginality isn’t about how much you want the business to succeed—it’s about proving that it will support more than just you.

If you’re preparing an E-2 case or worried your business model might be flagged as marginal, get the legal support that makes the difference. Brudner Law works with international entrepreneurs to design, document, and deliver E-2 petitions that meet the mark.

Let’s turn your investment into an opportunity that lasts. Contact us to schedule a consultation.