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NIAGARA FALLS · E-2 FIELD GUIDE

Can the investor begin operating on the first planned visit?

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THE DIRECT ANSWER

Do not assume an itinerary or payment authorizes work. Assess actual permission and the necessary process before relying on the operating start.

Coordinate the transaction honestly

Describe genuine commitments and any escrow conditions without representing a proposed business as already operating. A booked trip does not guarantee the outcome.

Coordinate the agreement, funds transfer and closing dates with the legal review; the transaction may settle payments at closing rather than beforehand. The buyer can offer a firm commitment with documented conditions and dates, structured with the transaction lawyer so that exposure becomes real only after the agreed diligence is complete. E-2 permits an investor to be in the process of investing, but the capital relied upon must be irrevocably committed and at risk; refundable or freely withdrawable funds may not satisfy that condition. Negotiate that structure into the purchase agreement from the start, with the seller's consent to a closing date that follows the visa decision and a defined outcome if the visa is refused. Keep in view the departure intention that E-2 involves, and avoid commitments — a residential lease at home, school registrations, a resignation — that assume travel on a fixed day.