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SAINT-MATHIEU · E-2 FIELD GUIDE

Should the platform contract be signed before the case is prepared?

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THE DIRECT ANSWER

Contract review can begin before signature. By the filing stage, however, the evidence must substantiate the commitments the case relies on; an unsigned quotation may not establish a binding platform arrangement. Coordinate execution and billing dates with the required proof and the enterprise’s ability to meet the obligation if visa processing takes longer than planned.

Set milestones the vendor's clock does not control

Note when billing starts, when the free or onboarding period ends, and what notice is needed to stop renewal. Then set your own dates for document assembly, counsel review and, for a Canadian citizen, the E visa step that is generally required. Nobody can promise a decision date, so negotiate flexibility on go-live and assess which hiring or lease commitments must already be binding to support the application.

Resolve ownership authority, obtain credible valuation support and agree the U.S. enterprise’s use before finalizing the transaction. Write the trigger into the plan: a signed lease, staff hired, doors open, a stated level of monthly collections. The unchanged E-2 tests include treaty nationality, substantial capital irrevocably committed and at risk, genuine nonmarginal operations, and the investor’s authority through ownership of at least half the enterprise or comparable operational control.