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MERCIER · E-2 FIELD GUIDE

What does the collateral change add to the cost of the case?

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THE DIRECT ANSWER

Usually new lender charges, appraisal or title work, and additional legal review of the revised security package. Those are business financing costs. Immigration-preparation fees are separate, and whether a particular expense also counts toward the investment depends on its actual treatment. Confirm current government fees at the time of each step.

Ask what a re-review of the financing includes

Before authorizing more work, ask whether the quoted scope covers reading the amended documents, redoing the at-risk analysis, revising the investment schedule, and updating the business plan's funding narrative. Ask what happens if the lender changes terms again. Keep business expenditures documented separately from professional fees paid for the application itself, so the reviewer can see which dollars went into the United States enterprise. No fee buys an outcome.

The investment consists of the money placed at risk in the enterprise: the purchase price, working capital committed to the business account, equipment and inventory bought for it. 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.

Future payroll helps explain operating needs but should not be counted as already spent merely to raise the investment total.