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L'ASSOMPTION · E-2 FIELD GUIDE

When should the price dispute be resolved relative to the E-2 filing?

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THE DIRECT ANSWER

Before capital is irreversibly committed, where that is possible. The valuation question, the funding evidence and the contract conditions all feed the same record, so resolving them in sequence avoids paying for expansion the file cannot support. Processing times, appointment availability and outcomes are never guaranteed. Hypothetical example: a distribution business is under offer while the seller’s territory agreement is being renegotiated with its supplier. Because the contract that carries most of the revenue may not survive the sale, the buyer holds the funding transfers until the renewed agreement is signed, and accepts a later filing rather than committing capital to an enterprise whose principal asset is unresolved.

Set milestones instead of a closing date you cannot control

Useful milestones: the seller's substantiation package received, an independent valuation reviewed, the source and path file complete, contract conditions settled with counsel, the application prepared. Keep travel, resignation and school decisions behind those milestones. Remember also that a visa's expiry date is not the period of stay authorized at admission, and the plan should reflect an intention to depart when status ends.

Order the milestones by which of them can still be reversed. Due diligence, negotiation and an unsigned agreement leave the position open; the transfer of funds into the enterprise generally does not, because commitment and risk are the point of the requirement. Place the irreversible step after the evidence it depends on, not before it.