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BOISBRIAND · E-2 FIELD GUIDE

Should both partners apply at the same time?

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THE DIRECT ANSWER

Coordinated applications may make sense if both partners qualify and the business plan calls for their U.S. roles, but simultaneous filing is not a universal requirement. Each case has its own eligibility and outcome, with no guaranteed shared decision date. Review the applicable visa and admission steps rather than assuming ownership permits either partner to begin work.

Sequence the two cases around the business, not the calendar

Review when each partner needs authorized presence under the actual operating plan and whether separate preparation schedules are workable. Keep the ownership records stable while an application is pending, since a late restructuring changes the facts already submitted. Remember that a visa's expiry date and the authorized period recorded on the I-94 are different things, and that E-2 assumes departure when status ends.

Set milestones of your own: entity and ownership, funds trail complete, premises and stock committed, projections rebuilt on non-exclusive terms, final review. Identify the business and negotiate terms first, then structure the agreement with escrow conditioned on visa issuance, then complete the source-of-funds documentation, then apply. Obtain an executed amendment, verify that any closing conditions have occurred, update the ownership ledger and resolutions, and align the business plan with the operative governance terms.