Do not assume returned funds remain committed investment capital. Record the actual disposition and have the resulting funding structure assessed.
Update the capital schedule after settlement
Show amounts paid, returned, retained in escrow and allocated to operating needs. Explain any new binding commitments separately from optional future spending. Keep immigration fees and professional charges outside an unexplained asset total, and verify current official amounts. A revised spreadsheet should reflect the transaction’s legal terms rather than preserve the original investment headline.
For E-2, the investor needs treaty nationality and must show a real enterprise, qualifying treaty ownership, a substantial commitment of capital exposed to commercial loss, active direction, and an enterprise that is not marginal. It is temporary and does not independently grant permanent residence. Hypothetical example: a mobile-dental-equipment distributor is comparing a US$180,000 asset purchase with a lower-priced startup model. The analysis must calculate the investment against the full cost of the chosen business, including equipment and launch obligations, not against an arbitrary minimum. The decision is which model can be funded and operated with a proportionate, documented commitment while leaving credible working capital.
Write the conclusion into the transaction checklist and resolve contrary wording in the contract, escrow, financing, or forecast before applying. A commercially attractive proposal still needs records that show the actual commitment and operating role.
Run that comparison before signing because a business purchased cheaply but inadequately funded can weaken both its operational forecast and the evidence of a meaningful personal commitment.