“Marginality” in the E-2 context means the business should not simply provide a minimal living for the investor and their family. It must have the capacity to generate significantly more income than needed for that purpose or have a significant economic impact on the U.S. The business plan should specifically address the issue of marginality, clearly stating how the business will meet this requirement, either through profitability or economic impact.

USCIS doesn’t have a prescribed list, but the financial documentation should paint a clear picture of the investment and the business’s financial viability. This includes proof of investment, financial projections, revenue projections, expense projections, profit & loss statements, cash flow projections, balance sheet projections, and personal financial statements.

While there’s no specific legal template, a good E-2 business plan should be clear and concise, comprehensive, realistic and credible, and demonstrate compliance with applicable laws. It’s also important to highlight the investor’s role in the business and demonstrate that they will be actively involved in its management and direction.

Investors should gather and organize documentation that clearly shows the origin of their investment funds, such as bank statements, tax returns, investment records, and other similar documentation. If the funds come from the sale of a business, provide documentation of the sale transaction. The more documentation provided, the stronger the evidence of lawful sourcing.

There is no minimum investment amount specified in the regulations. The investment must be “substantial,” which is determined on a case-by-case basis. USCIS focuses on the proportionality of the investment to the total cost of establishing or purchasing the business. While there’s no set minimum, a good rule of thumb is that the investment should be significant enough to demonstrate the investor’s commitment to the success of the business.