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I’ve been continuously living in the U.S. on an E-2 small-business investor visa for about 10 years. During that time, I also tried going through the employment-based process, but it was denied.
My business has consistently shown a loss on its tax filings, and I’m worried about the profitability issue for this upcoming renewal.
I’d like to know how I should go about proving profitability.
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Generating a profit isn’t the only way to demonstrate the required ‘marginality’ standard. When applying for an E-2 change of status or extension, marginality is a key requirement, and this can be demonstrated by showing that the business is able to sufficiently cover the family’s living expenses through its operations — or, alternatively, even without fully covering living expenses, by showing that the business benefited the U.S. economy, for example through hiring employees.