Marginality Issues in E-2 Visa Applications Explained

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It was a busy Tuesday morning, and the office was buzzing with activity. Phones rang, paralegals carried files back and forth, and the constant tapping of keyboards filled the air. Across one table, John and Jan, two senior immigration attorneys, were knee-deep in casework.

A Conversation Between Two Top Attorneys: John and Jan

John:
“Jan, I’m reviewing this E-2 visa petition, and marginality is going to be our biggest hurdle. USCIS will want proof that this business does more than just support the investor. If we can’t show real profitability and job creation, we’ll be facing a Request for Evidence.”

Jan:
“I know exactly what you mean. That’s why our paralegals are so vital. They don’t just collect documents; they build a structured case that tells USCIS the business has real economic value.”

John:
“True. Without them, we’d spend hours sifting through financials and payroll records. With them, everything comes to us organized and persuasive.”

Why Marginality Issues Matter in E-2 Visa Applications?

The E-2 visa allows foreign investors to build businesses in the United States. But USCIS officers often deny applications if they believe the enterprise is “marginal.” That means the business may not generate enough income to support the investor and contribute to the U.S. economy.

This is where immigration paralegals become essential. They provide the groundwork attorneys need to prove that the business is viable, profitable, and capable of hiring U.S. workers.

How Immigration Paralegals Solve Marginality Problems ?

1.Compiling Financial Statements

Paralegals gather profit and loss reports, tax returns, and balance sheets. For startups, they add projected revenues and initial capital investment details. These documents form the financial backbone of the application.

2.Collecting Business Profitability Evidence

Numbers mean little without context. Paralegals collect invoices, signed contracts, and supplier agreements to show real business activity. For new businesses, they include growth forecasts that point toward future success.

3.Documenting Job Creation and Economic Impact

One of the strongest ways to overcome marginality issues in E-2 visa applications is through job creation. Paralegals compile payroll records, W-2s, and staffing plans to demonstrate current and future employment.

4.Drafting Persuasive Arguments

Under attorney supervision, paralegals also draft supporting statements. These written narratives explain how the evidence proves the business is not marginal. They make USCIS’s job easier by directly connecting financials and employment data to legal requirements.

How Paralegals Help Attorneys with Marginality Issues?

Why ImmiSupport Is the Best Choice for Attorneys?

At ImmiSupport, we understand that immigration attorneys need more than generic support-they need specialized assistance tailored to the complex requirements of U.S. immigration law. Here’s why ImmiSupport stands out:

Expertise in Immigration Law
Our paralegals are trained specifically in immigration matters, including E-2 visas, H-1Bs, EB-2/EB-3, and family-based petitions. We know the exact documentation USCIS expects, which reduces the risk of delays and RFEs.

Focus on Marginality Issues
E-2 visa cases often fail because of weak marginality evidence. ImmiSupport paralegals excel at compiling financials, profitability evidence, and job creation proof—building stronger cases that attorneys can trust.

Time-Saving for Attorneys
We handle the detailed groundwork—organizing statements, drafting supporting arguments, and structuring files—so attorneys can focus on high-level legal strategy and client advocacy.

Virtual and Scalable Support
Whether you are a solo practitioner or a large firm, our virtual paralegal services scale with your needs. You can rely on us for one case or dozens, without the overhead of hiring in-house staff.

Proven Results
Our clients consistently report smoother workflows, faster petition preparation, and stronger case outcomes when working with ImmiSupport. We are dedicated to helping attorneys win more approvals with less stress.

What Did We Learn?

Marginality issues in E-2 visa applications are one of the most common reasons for USCIS pushback. Immigration paralegals help attorneys address these issues by:

Compiling financial statements.
Collecting profitability evidence.
Documenting job creation.
Drafting persuasive narratives.

By relying on paralegal expertise, attorneys save time, strengthen their petitions, and increase approval chances for clients.

What People Are Asking?

1. What does “marginality” mean in an E-2 visa application?
It refers to whether the business produces more than minimal income and contributes to the U.S. economy, often through job creation.

2. How can paralegals help prove a business is not marginal?
They organize financial data, employment records, and profitability evidence to build a strong case.

3. Do new businesses automatically face marginality issues?
Yes, startups often face extra scrutiny, but projections, contracts, and staffing plans can help overcome this concern.

4. Why should attorneys rely on paralegals for E-2 visa cases?
Paralegals handle the heavy documentation work, allowing attorneys to focus on legal strategy and client advocacy.

5. What type of evidence is most effective against marginality concerns?
Payroll records, W-2s, signed contracts, and growth projections are the strongest proofs that a business is not marginal.

Disclaimer:

For informational purposes only; not applicable to specific situations.

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please contact Immisupport, at +1 888 884 2161

Email: info@immisupport.com

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