Describe their actual stage and have the proposed structure assessed. Do not present unresolved terms as completed rights.
Coordinate the commitment honestly
A preferred transaction date does not establish control or immigration permission. Review actual escrow and financing conditions before relying on them.
Settle ownership and control, then sign a purchase agreement with the price in escrow contingent on the outcome, then assemble the source-of-funds and financial evidence, then apply. Sign the agreement with the control clauses first, fund the escrow with traced money second, assemble the firm's records and the plan third, then request the consular appointment. Signing the purchase agreement first fixes the price and the asset list; funding the escrow immediately afterward creates the irrevocable commitment the application needs; the visa file is then assembled around those executed documents. If the seller refuses escrow and insists on closing, the partners can still apply, but the money is then fully at risk in the ordinary sense and a refusal leaves them owning a U.S. business they cannot run in person. Funds must remain irrevocably committed and at risk on genuine terms; a delay that restores unrestricted control to the investor may change that analysis.