Do not import EB-5’s job threshold into E-2. Assess the actual E-2 enterprise and nonmarginality conditions.
Use the correct framework
A staffing forecast may be relevant without becoming a universal job quota. Review real operating capacity and the investor’s qualifying arrangement.
Borrowed money is not excluded from E-2 investment analysis, so card-funded expenses may count when the investor is personally liable and the borrowing is not secured by the assets of the United States enterprise. Nonmarginality requires more than minimal investor-family support or the applicable significant economic contribution; neither one customer nor a large printed amount automatically resolves it. Treaty nationality rests on citizenship, which a naturalized Canadian already holds, and the business elements — substantial capital at risk, a real operating enterprise, non-marginality, genuine development and direction — can be built now. The enterprise needs treaty nationality through at least 50% ownership by nationals of that treaty country, and the investor must develop and direct it, ordinarily shown through at least 50% ownership or operational control through a managerial position or other corporate device. Check the lease term and any renewal option against the period the investor expects to operate, since premises secured for a single year support a weaker picture of a continuing enterprise than premises secured for five.