Start with the E-2 eligibility and application overview
What the marginality test actually asks
Marginality is not about whether a business is profitable in an absolute sense; a small but growing enterprise can satisfy E-2 requirements. The test asks whether the enterprise has present or near-future capacity to generate income significantly beyond meeting the investor's own living needs, typically evidenced through job creation for U.S. workers or a credible expansion trajectory, not through the owner's personal draw alone.
Why owner-support-only profit is a warning sign
A scaffolding services company whose profit covers only the investor's household, with no other employees and no documented growth plan, looks on paper like exactly the kind of marginal enterprise the requirement exists to screen out. That does not mean the business fails the test, but it does mean the investor needs to show either current job creation beyond the investor's own role or a specific, credible plan and financial trajectory toward it.
Evidence that takes an enterprise past marginality
Useful evidence includes payroll records for non-owner employees, signed contracts or a growing client pipeline for scaffolding work at additional plant sites, a business plan with realistic revenue projections tied to specific opportunities, and financial statements showing a trend line moving away from bare owner-support levels rather than a static snapshot.
Development and direction alongside the marginality question
Separately from marginality, E-2 also requires the investor to develop and direct the enterprise, usually shown through majority ownership or operational control. A scaffolding business owner who personally manages crew scheduling, client relationships and safety compliance typically has strong evidence on this element even where the marginality question still needs work. Hypothetical example: a custom bicycle-fitting studio has signed an equipment agreement but can cancel it for a full refund at any time. The investor must decide whether the agreement actually commits capital on terms that expose it to loss before treating the payment as E-2 investment. The signed contract, payment trail and business plan should tell the same story about risk, control and expected operations.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.