The short answer is yes. Why? Because of the doctrine of Marginal Investments. A marginal investment is one where no matter how large the sum invested the investment will only generate enough income to provide a minimal living for the treaty investor and his or her family. Where the investment is deemed to be marginal the application will fail. The easiest way to satisfy any argument that the investment is marginal is to show that the investment will create jobs.

Even if the enterprise is unlikely to take on employees, but rather regularly use contractors, this should satisfy the marginal investment test. In hiring subcontractors as it’s work force the enterprise will expand job opportunities locally or otherwise have a significant favorable impact on the local economy.

E2 Visa - Buying A Business