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NIAGARA-ON-THE-LAKE · E-2 FIELD GUIDE

Can the buyer start work as soon as the seller accepts the note?

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THE DIRECT ANSWER

A financing agreement does not grant work authorization. Review the immigration process and actual permission before operating in the United States.

Keep contract acceptance separate

The seller’s deadline does not decide the immigration result.

The usual structure protects both requirements at once: a purchase agreement whose completion is conditional on visa issuance, with funds held under escrow instructions that release irrevocably to the seller on closing, so the capital is genuinely committed while your exposure is defined. The land closing produces the funds; the corporate distribution and bank transfers produce the path; the purchase agreement with escrow produces the irrevocable commitment; the seller's statements, payroll and franchise agreement produce the evidence of a real, non-marginal enterprise. The sequence that fails is a seller who insists on a spring closing to capture the season and a buyer who agrees, then finds that interview availability and administrative processing push the decision past that date.

Set milestones in the order the evidence matures: confirm treaty nationality and ownership, document lawful funding, enter binding commercial commitments, and then assemble the application around the operating plan. Agreements written around a target opening date rarely allow for a step whose duration nobody controls, and a delivery clause penalising late acceptance shifts that scheduling risk onto the investor.