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. There is no minimum headcount. However, job creation is one of the most effective ways to prove that your business is not marginal.
According to U.S. Citizenship and Immigration Services (USCIS), a marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and their family. If your business can only support you and your household, it may not qualify.
An enterprise can still meet the standard if it is capable of generating sufficient income within five years from the start of E-2 classification. That means you can show future potential, not just current performance.
Hiring U.S. workers is one way to demonstrate that capacity. While not required, employment shows that your business contributes to the U.S. economy and generates income beyond what is necessary for your personal needs.
The U.S. Department of State offers additional guidance through its Foreign Affairs Manual (FAM). 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. The capacity to employ U.S. workers is one clear way to demonstrate this economic contribution.
There is no regulation setting a timeline for hiring or defining how many employees you need. However, businesses that can document current employment or include a credible plan to hire are in a stronger position. Officers may look for evidence such as payroll records, W-2 forms, or detailed projections in your business plan that explain when and why you intend to hire.
In short, E-2 approval does not depend on job creation alone. But the ability to employ U.S. workers is a key factor in showing that your business is economically viable and meets the legal standard 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