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BOUCHERVILLE · E-2 FIELD GUIDE

Should governance changes be signed before the E-2 application is prepared?

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THE DIRECT ANSWER

Resolve the arrangement that the application will describe and have the operative documents reviewed before presenting it as settled. Drafting and business planning can proceed while terms are negotiated, but a hoped-for amendment should not be stated as an existing management right. The final evidence must match the real structure.

Use the agreed structure as the filing reference point

Once the parties execute legitimate changes, update the plan, banking authority and other affected records as appropriate. Preserve a dated explanation rather than rewriting history. Review the effect of later material changes with counsel; not every commercial amendment automatically requires the same immigration response. Keep the investor’s start of U.S. work tied to valid authorization.

Set milestones instead of a promised date: role description finalized, ownership documents executed, staffing offers issued, packet reviewed. Set milestones: final security documents executed, funds released, expenditures made or irrevocably committed, and the plan reconciled to the actual figures. 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. Funds must remain irrevocably committed and at risk on genuine terms; a delay that restores unrestricted control to the investor may change that analysis.