Document each expenditure and have its treatment assessed in the actual enterprise. Do not assume every cost connected to equipment has the same immigration treatment.
Separate asset value from transaction expenses
Record purchase or contribution value, freight, installation, financing and ongoing operating costs. Identify who pays and what is already committed. Keep immigration government and professional charges distinct and verify current official amounts. A larger combined budget does not eliminate questions about ownership, risk, substantiality or non-marginality.
E-2 requires treaty nationality, a real enterprise, substantial capital committed irrevocably and exposed to commercial loss, and an operation that is not marginal. The investor must be able to develop and direct the enterprise. A first review should trace every proposed dollar or asset from lawful source to the enterprise, identify any lender, and mark whether the obligation is already binding. Start with ownership and bank records, then contracts, escrow terms, invoices, and the operating plan. Separate value from commitment and commitment from business viability. Applications weaken when an estimate is offered as payment evidence or when funds remain freely withdrawable at the decision point. Hypothetical example: A commercial-greenhouse investor combines freight, import charges, equipment value, and monthly payroll in one total. Invoices and payment terms must be separated to identify actual committed capital rather than a broad estimate of future expense. The practical next step is to preserve the underlying record, identify any conflict in writing, and decide the sequence from the facts rather than from a preferred outcome.