Obtain coordinated intellectual-property and immigration advice before making that commitment. Review transfer terms, commercial risk and the evidence needed to support the proposed contribution. The appropriate sequence depends on the actual rights and enterprise; there is no basis to promise that completing an assignment alone will secure E-2 approval.
Sequence authority, valuation and commitment carefully
Resolve ownership authority, obtain credible valuation support and agree the U.S. enterprise’s use before finalizing the transaction. Preserve the executed records when the contribution occurs. If the investor plans U.S. development work, assess the necessary work authorization separately; owning or transferring intellectual property does not grant permission to perform that work in the United States.
E-2 is assessed at the consulate on the state of the investment at the time of the interview, so the sequence matters more than the calendar. Preserve a dated sequence from the original family understanding through every amendment and transfer. Filing an E-2 application does not preserve private purchase rights or guarantee a decision by closing. Visa-contingent escrow requires genuine terms and scrutiny of withdrawal rights. The terms of that escrow have to be drafted carefully, because a condition drawn too widely turns the arrangement back into a recoverable deposit.