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GRIMSBY · E-2 FIELD GUIDE

Can I begin working once the escrow agent releases the money?

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THE DIRECT ANSWER

A release event does not grant immigration permission. Assess the actual authorization and process before relying on U.S. business activity.

Track both events

The transaction’s completion and the applicant’s permission may be separate steps.

A binding purchase conditioned solely on E-2 visa issuance may keep assets in escrow for release once that condition is met, protecting the funds pending the decision while still demonstrating commitment. Identify who can adjust closing and release conditions in the agreement, and confirm the correct consular or status process for the applicant before treating either the closing date or a travel date as fixed. The capital has to be irrevocably committed before the application is decided, which usually means closing, or using an escrow whose only release condition is the outcome of the application itself. The safest sequence is source review, transaction design, expenditure or commitment, business-plan support, application preparation, and only then travel or launch decisions. Escrow bridges the two: the funds leave the buyers' control and sit with a third party under written instructions, so they are committed, while a defined release or return condition addresses the refusal scenario. Build the sequence into the agreement where the seller will accept it: a diligence period, an escrow releasing on defined events, or a deposit refundable on a stated condition.