E-2 Visa Readiness & Marginality Calculator
Check an E-2 case against every financial requirement in the rules: treaty nationality, ownership, substantial investment, funds at risk, loans, marginality, U.S. jobs and source of funds. Live results, a 5-year model and a tailored document checklist.
Eligibility basics
The threshold requirements. A "no" here stops an E-2 case regardless of the numbers.
Your investment
List what it costs to open (or buy) the business. For each line, specify status and funding source.
Your household
Used for the marginality test: can the business support more than a minimal living for the family?
Operations and hiring
Year 1 baseline figures; the financial model projects operating costs at 3% annual inflation.
Source of funds
Where the investment money came from. This shapes the document checklist.
See what moves the score
Try a change before you make it. Your inputs above stay exactly as they are.
Your gap analysis, document checklist and 5-year table
Unlock the full report
See what each rule asks, how to fix every gap, a tailored document checklist for your case, the 5-year table, and a PDF for your attorney.
Use it with your clients, under your firm's name
No account required. Your clients' completed readiness checks go directly to your intake inbox.
Create your firm's client link
The legal rules this calculator checks
Every indicator maps directly to published immigration regulations. Where rules set no number, we clearly label our working benchmark.
| Requirement | What the rule says | Source Citation |
|---|---|---|
| Treaty nationality | Investor (and ≥50% ownership) must hold nationality of an E-2 treaty country. | 8 CFR 214.2(e); State Dept. treaty list |
| Ownership and control | Treaty nationals own at least 50%; investor develops and directs the enterprise. | 9 FAM 402.9-6(F) |
| Real, operating enterprise | An active commercial business producing goods/services. Passive investments do not qualify. | 8 CFR 214.2(e)(13); 9 FAM 402.9-6(C) |
| Substantial investment | Proportional to total cost: an inverted sliding scale with no bright-line percentage. | 8 CFR 214.2(e)(14); 9 FAM 402.9-6(D) |
| At risk and committed | Funds placed at risk and irrevocably committed. Uncommitted money or mere intent does not count. | 8 CFR 214.2(e)(12); 9 FAM 402.9-6(B) |
| Loans | Debt secured by business assets does not count. Debt secured by personal assets can count. | 9 FAM 402.9-6(B)(c) |
| Not marginal | Capacity to generate more than a minimal living or significant economic contribution within 5 years. | 8 CFR 214.2(e)(15); 9 FAM 402.9-6(E) |
| Lawful source of funds | Investor's own funds, from a lawful source, traceable to the U.S. business. | 9 FAM 402.9-6(B) |
Frequently asked questions about the calculator
Is there a minimum investment for E-2?+
No. Neither the regulation nor the Foreign Affairs Manual sets a minimum dollar amount. The investment must be substantial in proportion to the total cost of the business: the lower the cost, the higher the share you are expected to invest. The calculator shows where your share sits on that scale.
What does "marginal" mean for an E-2 business?+
A marginal enterprise cannot generate more than a minimal living for you and your family, now or in the future. A business that will make a significant economic contribution, usually through U.S. jobs, is not marginal. The capacity should generally be realizable within five years of starting normal operations.
How does the calculator decide the "beyond-marginal" year?+
It checks each of the five years two ways: whether your income from the business (salary plus your share of profit, with the business profitable) covers your family's yearly need, and whether U.S. payroll for at least two employees reaches twice that need. The first year either test passes is shown.
Does a loan count toward my investment?+
A loan secured by the business's own assets does not count. A loan secured by your personal assets, such as a mortgage on your home, can count. Mark each budget line with how it was paid and the calculator excludes business-secured debt automatically.
Is money in my business bank account "at risk"?+
Funds must be irrevocably committed. The calculator counts business-account cash up to about three months of operating costs as working capital; larger idle balances and money still in a personal account are shown as not yet at risk.
Is this legal advice?+
No. It is a financial readiness check based on the published rules. It does not decide eligibility. Your attorney advises on your case.
Can attorneys use this with clients?+
Yes. Create a free link with your firm's name. Clients complete the check, and their results come to you by email with a PDF. You can also embed it on your website.
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