Do not assume available credit is committed capital. Review actual disbursement, security and use.
Separate capacity from commitment
Identify charges, enterprise-secured borrowing and future payments distinctly. The financing ceiling does not establish the qualifying investment amount.
Hypothetical example: a laboratory-glass repair company buyer has an unused line of credit and a separate paid equipment deposit. A funds schedule should state which amount was actually transferred, what security backs any borrowing, and whether the money is committed to the enterprise rather than merely available.
For E-2, confirm treaty nationality, a treaty-national enterprise, capital committed irrevocably and exposed to commercial risk, and a real operating enterprise that is not marginal. A transaction’s label or expected closing date cannot replace those elements.
A cost review should produce a ledger that separates government charges, commercial payments, professional services, operating expenses, refundable amounts, and funds actually committed to the relevant purpose. Identify the payor, recipient, due date, refund condition, and record proving payment. Spending money on presentation, a reservation, or a business change does not itself establish the legal requirement. Confirm official fees and filing rules from current primary sources before treating a budget as final.
Keep the final budget beside the legal element list. That makes the practical decision visible: whether a payment buys evidence, covers a government charge, supports a commercial step, or has no effect on the underlying eligibility analysis. For E-2, compare that conclusion with the present commitment terms, enterprise control, commercial exposure, and nonmarginality evidence before choosing the next step.