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LINCOLN · E-2 FIELD GUIDE

Do customer orders automatically establish E-2 nonmarginality?

Sources checked:

THE DIRECT ANSWER

No. They can support a business explanation, but assess the actual enterprise’s capacity and complete operating account. Demand alone does not settle every condition.

Distinguish evidence from a guaranteed result

Identify genuine orders, assumptions and costs. Do not represent possible sales as certain revenue or eligibility.

The investment must be substantial in proportion to the cost of this particular business; there is no fixed minimum, and a proportionality analysis compares the amount committed to the total price of establishing or buying the enterprise. The principal investor must be in a position to develop and direct the business, which is usually shown by majority ownership or, in a 50/50 case, by the operating agreement or bylaws giving that person the deciding role in management. The file must still show treaty nationality, at least 50 percent treaty-national ownership, development and direction, proportional substantiality with no fixed minimum, and non-marginality, ordinarily through more than minimal livelihood capacity or meaningful economic contribution within five years after normal business activity begins. The reviewer looks at whether treaty nationals hold at least 50 percent of the enterprise, whether the applicant is a treaty national, and whether that individual will actually develop and direct the business through ownership, a managerial position, or another documented control device.