Read the general investor planning overview
The marginality test asks whether the enterprise will do more than provide a living for the investor and family, now or within a reasonable period, and it is answered with hiring and revenue figures rather than intentions. A Shannon investor who has run a mobile food operation and wants to buy a diner with a long lease in Vermont must show that the diner's staffing and margins support employees beyond the household, and that the funds committed to the lease, equipment and purchase are substantial and at risk.
Understand what marginal means in practice
Hypothetical example: a Shannon resident who has run a bilingual mobile food business for six years finds a family-owned diner for sale in Vermont with a fifteen-year lease. The Department of State treats an enterprise as marginal if it lacks the present or future capacity to generate more than a minimal living for the investor and family. A diner that supports the owner and one part-time cook is at risk of that finding; one that keeps its existing servers and cooks on payroll and adds a manager as revenue grows is not. The investor's own experience is relevant to credibility, but the test is about the business's capacity, shown by the seller's payroll and the buyer's projections.
Commit the funds in ways the officer can see and count
The purchase price paid into escrow releasable on visa approval, the lease signed with the security deposit paid, kitchen equipment bought or contracted, and initial inventory ordered are all commitments at risk. Cash held in reserve is not. The investor's Québec business financial statements, personal tax returns and the sale of her mobile unit and trailer, documented by invoices and deposits, form the source-of-funds trail; French documents need certified translation. Substantiality is measured against the total cost of buying and equipping this diner, and a high proportion paid from her own funds, with any borrowing secured on her Québec assets rather than on the diner, supports the case.
Show control and the plan that carries the business past marginality
She must own at least half of the enterprise and develop and direct it; buying the diner outright and serving as its operator satisfies both. The business plan should present five years of staffing with wages, the lease terms, expected revenue from the existing trade and any expansion, and the point at which the diner supports employees comfortably beyond the household. Her spouse gains employment authorization incident to E-2 status and may work in the diner or elsewhere; children may study until 21. E-2 is renewable while the business qualifies and offers no direct route to permanent residence, so the family's long-term intentions should be discussed separately.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.