Skip to content
ST. CLAIR · E-2 FIELD GUIDE

Does a scaffolding business that only supports the owner's household fail the marginality test automatically?

Sources checked:

THE DIRECT ANSWER

Not automatically, but it needs evidence of present or near-future capacity to generate more than owner-support income, such as job creation or a credible, documented expansion plan.

A static owner-support business needs a growth story, not just current numbers

The marginality requirement asks whether an E-2 enterprise has, or has the present capacity to develop, the ability to generate income significantly beyond what is needed to support the investor and family. A scaffolding services company whose current profit does exactly that and nothing more does not automatically fail, because the test allows for a business that is not yet there but has a credible path to get there.

What the case needs is evidence beyond the current financial snapshot: a specific plan to bid additional plant turnaround contracts, projected hires tied to named upcoming work, or a documented trend showing revenue growing rather than staying flat at owner-support levels. An investor who simply asserts the business will grow, without this kind of concrete evidence, is likely to face exactly the marginality objection the scenario describes.