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KIRKLAND · E-2 FIELD GUIDE

How should a launch be timed when the license has a sales deadline?

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THE DIRECT ANSWER

A contractual sales target does not control visa processing or authorize U.S. work. Review when the target begins, whether extensions are available and who can lawfully perform launch activities. The application should describe the actual committed operation and remaining conditions, with enough flexibility for uncertain immigration milestones. The sequencing failures here are contractual rather than immigration-related. A performance clock starting on signature, or a minimum purchase falling due within the first year, can begin running while the investor is still outside the United States and unable to manage the launch lawfully.

Coordinate the rights timetable with lawful operations

Request written clarification if the licensor’s sales clock starts before access to inventory or systems. Decide whether the commercial agreement remains workable if processing takes longer than expected. Canadian citizens generally need an E visa; ownership alone does not authorize them to run the U.S.

operation in person. Fix customer promises only when the business can support them lawfully. Ask for the clock to start on a defined event the parties control, such as delivery of the first stock, and put that in the agreement rather than in an understanding.

Decide in advance what the plan becomes if processing runs long: who may lawfully carry out launch activity, whether a target can be extended, and what happens to committed funds if the timetable slips. Writing those answers down turns an ordinary delay into an inconvenience instead of a default under the contract the enterprise depends on.