Review what the seller can lawfully do, what the contract requires and how the business will operate during that gap. The seller’s availability does not authorize the investor to start U.S. work. Align the transition arrangement with uncertain processing instead of promising the investor will be present from its first day.
Preserve useful training time without promising approval
Ask whether training dates can be moved or divided into stages by agreement, and record any revised terms. Consider which activities may occur from Canada and which require specific U.S. authorization; obtain advice on the actual tasks. Canadian citizens generally need an E visa. Retain a workable plan for operations and knowledge transfer if the expected arrival date changes.
Discuss with counsel and the seller how deposits and conditions are structured, since a purchase that can be unwound at will is harder to present as committed capital. Sign and fund the escrow first, apply with the closing conditioned on approval, then close on issuance. A first review should produce a closing-and-control timeline: what the buyer has paid, what can be recovered, who currently controls the business, and what still depends on a contingency. E-2 requires treaty nationality and qualifying enterprise ownership, capital irrevocably committed and exposed to loss, a substantial investment, and a real non-marginal business.