Use the current evidence and explain material differences. A forecast should not be presented as achieved performance.
Assess the enterprise as it exists
Review the applicable nonmarginality framework and timing rather than assume a projection remains sufficient indefinitely. Do not selectively omit actual results that change the picture.
The consular standard asks whether the applicant is in a position to develop and direct the enterprise, and treats ownership of at least fifty percent, or operational control through a managerial position or other corporate device, as ordinarily sufficient. Before spending time on a personal file, establish the ownership of the U.S. business: who the ultimate individual owners are, what citizenship they hold, whether any of them is a U.S. permanent resident, and whether the enterprise has been recognized as a treaty enterprise already. Where a note is secured by the assets of the business being bought - its equipment, inventory, receivables or goodwill - that borrowed amount is not the investor's capital at risk, because the enterprise itself absorbs the loss on default. The revised case must still show treaty nationality, qualifying enterprise ownership, lawful and substantial capital irrevocably exposed to loss, a real business that is not marginal, and investor direction through 50 percent ownership or operational control.