Review the actual selected transaction and changed terms before relying on the earlier assessment.
Identify what the decision changes
A different enterprise or financing arrangement may change relevant facts. Commercial completion does not itself authorize U.S. work.
Fix dates for due diligence, the funding trail, signed lease and supplier terms, and the reviewer's assessment of non-marginality. The investment must be committed before the consular application, so the usual sequence is to sign, place the funds beyond recall and close, or to close subject only to visa issuance, and then apply. Set milestones: final security documents executed, funds released, expenditures made or irrevocably committed, and the plan reconciled to the actual figures. Sign a purchase agreement with escrow conditioned on visa issuance, deposit the funds, prepare the file and apply at the consulate, then close after the visa issues. Sequence the transaction so the funds are committed under terms that leave the investor exposed only to the appropriate immigration contingency, if any. Nobody can promise a decision date, so negotiate flexibility on go-live and assess which hiring or lease commitments must already be binding to support the application.