No. A commercial deadline does not provide immigration authorization. Identify who may lawfully supervise and perform the work if closing precedes the investor’s authorized arrival. The order backlog can inform the business timetable, but it cannot guarantee visa processing or justify beginning U.S. operations personally without permission.
Create a transition that can survive processing uncertainty
Agree which responsibilities stay with the seller or pass to authorized staff during the transition, and document that arrangement accurately. Consider supplier lead times and customer communications alongside the application milestones. Canadian citizens generally require an E visa. Keep the proposed start of personal U.S. work tied to the required authorization, not simply the contractual closing date.
The consular guidance recognizes that a purchaser may reasonably wait for the visa before closing, and it treats an escrow conditioned only on issuance as sufficient commitment because the investor has surrendered control. An escrow that releases on closing, on the satisfaction of ordinary commercial conditions, or on a date has committed the funds. Reduced demand does not automatically end E-2 eligibility, but the investor must continue to show treaty nationality, qualifying enterprise ownership, substantial funds irrevocably committed and at risk, operational control or at least fifty percent ownership, and a real nonmarginal business.