Skip to content
SAINT-JEAN-BAPTISTE · E-2 FIELD GUIDE

When should the staffing question be settled relative to filing?

Sources checked:

THE DIRECT ANSWER

Settle what can be evidenced before the plan is finalized, and treat the rest as risk the plan absorbs. Due diligence answers, retention conversations, and closing conditions each carry their own dates. Government processing has no guaranteed duration, so avoid commitments that depend on an approval landing in a chosen week.

Track milestones, not a single completion date

Set dates for receiving payroll data, confirming the purchase agreement's personnel terms, and finishing the staffing contingency budget. Then plan travel and the start of operations around the authorization that actually applies. Note that a visa's validity period and the authorized period of stay recorded on the I-94 are different things, and that E-2 is a nonimmigrant category resting on an intention to depart when status ends.

Track the contract review, any assignment consent, the revised forecast and the investor’s funding commitments. E-2 requires that the investment already be irrevocably committed when the application is made, which sounds like it demands closing first. Update the genuine funding plan and reassess the actual qualifying commitments. Immigration processing does not automatically extend a commercial support agreement, and a signed acquisition does not guarantee that all operating dependencies are resolved. Funds can be placed in an escrow that releases on visa issuance, which commits them without closing first.