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APPLICATION ANSWERS · E-2 FIELD GUIDE

Can the owner start a customer project immediately after closing?

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THE DIRECT ANSWER

Closing alone does not establish authorization to perform U.S. work. E-2 status does not provide a direct path to permanent residence.

Review the actual activity first

Coordinate the commercial schedule with the appropriate immigration process. A signed customer order or ownership certificate does not substitute for work permission. Hypothetical example: a Canadian maker of educational science kits plans to purchase a U.S.

distributor, but the seller wants closing in thirty days while the investor wants to start meeting customers immediately. Sequence the transaction so that lawful funds, purchase terms, premises, operating commitments, and the immigration route are coherent before U.S. work begins.

The first review should identify what can be done as due diligence or negotiations and what would be productive employment requiring appropriate authorization. A signed purchase agreement, stock certificate, or customer order does not itself permit the investor to operate the enterprise in the United States. Use escrow or other contractual safeguards where appropriate, but read the release and refund terms carefully because they affect whether capital is committed beyond easy withdrawal and exposed to loss.

The decisive records are dated bank transfers, executed agreements, lease and vendor commitments, ownership documents, and a plan showing how the business will operate after approval. Build time for source-of-funds documentation, translations, corrections, and any consular processing that may apply. Do not accelerate a commercial closing merely to create a deadline if the investment cannot yet be shown as qualifying.

A common error is beginning hands-on sales, repairs, or management after a deal is signed but before permission is in place. Set a separate start date for lawful operating activity and revise it if the factual transaction changes. Timing is strongest when the commercial and immigration records describe the same sequence.