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OTTERBURN PARK · E-2 FIELD GUIDE

How do I budget when part of the company was paid for with work instead of money?

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THE DIRECT ANSWER

Budget separately for business spending and for immigration preparation. Services contributed by a partner reduce cash out the door but do not increase your own at-risk capital. Ask counsel to review which of your outlays are treated as qualifying investment, and confirm current government fees at the time of each step.

Ask which professional fees belong to the business

Some professional costs are ordinary business expenses, such as drafting the operating agreement or negotiating a lease; costs incurred to prepare the immigration case are a different category. Do not assume every professional invoice is excluded or included — the treatment depends on what was purchased and when. Request an itemized scope covering structure review, evidence assembly, dependent assistance, and later questions, and ask what happens if the review finds an ownership problem.

Goodwill can form part of the price of an established business, but capital borrowed against the assets of the enterprise itself is not the investor's own funds at risk. E-2 has no universal fixed minimum, and a larger total created by double counting does not strengthen the lawful at-risk investment evidence. Assemble the seller's financial statements, the asset list and the working-capital budget so the proportion can be shown rather than asserted.