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SAINTE-MARTHE-SUR-LE-LAC · E-2 FIELD GUIDE

Should filing wait until the re-sent payment clears?

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THE DIRECT ANSWER

If the claimed investment depends on the replacement transfer, obtain reliable evidence of its status and the binding commitment before deciding to file. A payment instruction and a settled payment are different records, but there is no universal requirement to wait a stated number of weeks. Counsel should assess whether the existing commitments already satisfy the applicable investment standard.

Sequence settlement, evidence and travel

Coordinate the vendor’s deadline with the bank’s actual transfer process and the evidence needed for the application. Explain any settlement still pending rather than marking it paid. Separate business commitments from personal relocation: signing a commercial agreement does not authorize the investor to work in the United States. Visa validity and authorized stay on admission are distinct, and E-2 requires an intention to depart when status ends.

A refusal based on insufficient evidence raises different questions from a recorded finding of misrepresentation or another inadmissibility ground. Some qualifying arrangements involve an investment-in-process or escrow structure, so it is not accurate to assume that every purchase must be fully closed first. Franchisor training inside the United States before issuance may be acceptable as a visitor if it is classroom instruction with no productive work, but running service calls is not; confirm the training's content in writing first.