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MISSISSAUGA · FEES VERSUS CAPITAL

Which professional and filing costs should stay separate from E-2 capital?

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

An E-2 budget should identify government charges, immigration representation, transaction advice and commercial setup expenditure separately. Do not assume that every invoice associated with opening a business counts toward substantial investment. Ask counsel to evaluate any disputed item and keep the business’s actual resource commitment visible beneath the all-in spending total.

01

Classify by purpose and recipient

Record what each payment buys and who receives it. Immigration application work is different from an enterprise acquiring equipment or operating rights. Some professional spending may have a specific commercial purpose requiring analysis, so avoid both automatically including and categorically excluding every adviser invoice. Give counsel the invoice and engagement scope needed to assess its actual treatment.

02

Reconcile bundled packages

A franchise, broker or service provider may quote one number covering several services. Request a breakdown of capital, administration, professional work and future obligations. Do not present the whole package as qualifying investment merely because it is paid before the application. Match the allocation to receipts and agreements, then identify what the business actually receives for each component.

03

Budget the full process anyway

An expense can be necessary without being qualifying capital. Reserve money for the applicable application procedure, family processing and professional work, verifying current government charges when filing. Keep household expenses separate as well. The objective is an accurate capital analysis alongside a realistic total budget, rather than a single impressive amount that obscures unpaid or personal obligations.

04

The classification the first review should hand back

Ask for every proposed payment to be classified once, early, and recorded with its reasoning. Three questions settle most items: what does the payment buy, who receives it, and would the business have incurred it if no immigration application were contemplated. An expense failing that last question is generally a cost of the application rather than a commitment of capital to the enterprise. Immigration representation and government charges sit clearly on one side. Premises, equipment, inventory and staffing sit on the other. The contested items are usually formation costs, franchise charges and bundled advisory packages, and those are worth resolving before money moves rather than afterwards. The investment must be substantial in proportion to the enterprise, irrevocably committed and at risk, so a misclassified fee weakens the capital position rather than strengthening it.

05

Hypothetical example: one number covering several services

Hypothetical example: a laboratory services franchise quotes a single figure to a prospective investor covering the franchise right, initial equipment, training and assistance with an immigration application. Presented that way, the whole amount tends to be described as invested capital. Request a breakdown identifying each component and its recipient, then classify each on its own terms: the franchise right and the equipment are enterprise costs, the training may be either depending on what it is, and the application assistance is a cost of the process. A provider unwilling to break the figure down has given a reason to ask further questions. Reserve money for the applicable application procedure regardless of how the package is described, because an expense can be entirely necessary without being qualifying capital, and the enterprise resource commitment should remain visible beneath the total spent.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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