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ST. CLAIR · E-2 FIELD GUIDE

Does resolving a marginality concern add extra government fees to an E-2 filing?

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THE DIRECT ANSWER

No separate government fee applies to the marginality analysis itself; the cost is mainly the additional financial and business documentation needed, plus the standard E-2 registration fees.

Expect documentation cost, not a distinct marginality fee

There is no separate USCIS or Department of State charge specifically for addressing a marginality concern; the E-2 registration follows its standard fee structure regardless of how straightforward or contested the marginality question turns out to be. Where cost does increase in a case like the scaffolding business scenario is in the preparation work: pulling multi-period financial statements, securing signed contracts or letters of intent from prospective clients, and drafting a business plan with specific, defensible projections all take time and, often, professional accounting or business-planning support beyond what a straightforward, clearly non-marginal enterprise would need. Investors should budget for that preparation effort as the real cost of a marginality-sensitive case, separate from the government filing fees themselves, which should be confirmed against the current fee schedule.

A dealership with a purchase price, working capital and initial inventory requirement of several hundred thousand dollars would generally expect the buyer to have committed most of that amount, whereas a very large business can qualify with a smaller proportion.