Landlord consent fees, legal drafting for assignment, and any rent paid during the gap are business costs of establishing the enterprise; the separate cost of preparing your immigration case is not the same thing. Whether a given item counts toward qualifying investment depends on its actual treatment, so have each reviewed rather than assumed.
Price the delay, not just the paperwork
Rent may run while the space sits unusable, and proposed guarantees, deposits or consent fees require review under the contract and applicable law. Model those figures against your remaining capital before committing to fit-out. Ask advisers for an itemized scope and what happens if the structure must change. Government charges should be confirmed as current at each step, and no fee purchases an outcome.
The E-2 substantiality test compares the amount invested with the total cost of purchasing an established enterprise or establishing a new one. E-2 has no universal fixed minimum, and a higher price cannot by itself cure an unresolved ability to develop and direct the enterprise. A fee paid for manufacturing services may be relevant at its real amount, but access to another company’s equipment does not make the equipment’s purchase price part of the investment.