Describe the actual capital and ownership accurately. The qualifying analysis should not misattribute another person’s funds.
Trace each relevant commitment
Explain who contributed what and the source and path required for the case. Do not simplify the record by inventing sole ownership of pooled funds.
Show investment capital and business operating costs separately from government filing charges, professional services, and family or travel expenses, and confirm current official fees and the exact scope of each professional engagement before committing funds. Ask for a written scope separating immigration-preparation work from business spending, and have the actual treatment of each business outlay reviewed rather than assuming every professional fee falls outside qualifying investment. Money irrevocably committed to acquiring or operating the enterprise counts: purchase price, equipment, inventory, lease deposits and working capital placed in the business. Substantiality is judged relative to the actual cost of the specific business rather than a fixed dollar figure, and money merely under discussion, money committed under signed terms, and money already spent should be kept clearly distinct. Where the marginality analysis depends on adding attended services, contracts or equipment, that additional capital is part of the plan and part of the investment, and it should be budgeted rather than hoped for from first-year profits. Personal funds and personally secured borrowing can both qualify, while borrowing secured on the assets of the American enterprise itself generally cannot, because the risk sits with the business rather than with the investor.