Why Job Creation Matters for E-2 Visa Approval
U.S. immigration law does not require E-2 visa applicants to create a specific number of jobs. However, job creation plays a central role in proving that an E-2 business is not marginal. A marginal enterprise is defined by the U.S. Citizenship and Immigration Services (USCIS) as one that lacks “the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.”
The USCIS also states that an enterprise can still qualify if it is capable of generating that level of income within five years from the start of E-2 classification. This income threshold is commonly demonstrated through hiring. While not mandatory, employing U.S. workers is one of the clearest ways to show the business contributes to the U.S. economy.
The U.S. Department of State offers additional guidance through its Foreign Affairs Manual (FAM), which consular officers use when reviewing E-2 visa applications. The FAM confirms that an E-2 business meets the marginality test if it has “the present or future capacity to make a significant economic contribution, as demonstrated by the capacity to employ U.S. workers.”
There is no regulation setting a timeline for hiring or defining a required number of employees. However, businesses that can document current employment or include a credible plan to hire U.S. workers are in a stronger position to meet E-2 standards. Officers may look for evidence such as payroll records, W-2s, or detailed business plans outlining future staffing.
In short, while E-2 visa approval does not depend on job creation alone, the ability to hire U.S. workers is a key factor in demonstrating that the business is economically viable and meets the legal threshold for approval.
Official Sources
- USCIS – E-2 Treaty Investors
https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors - U.S. Department of State – 9 FAM 402.9 (E-2 Visa Guidance)
https://fam.state.gov/fam/09FAM/09FAM040209.html