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NIVERVILLE · E-2 FIELD GUIDE

Can the applicant rely on the earlier review after signing an amendment?

Sources checked:

THE DIRECT ANSWER

Have material changes assessed before relying on the previous eligibility analysis.

Identify the effective change

Provide signed terms and dates, not just a verbal description. An unchanged closing date does not mean the immigration facts are unchanged.

Review the purchase and escrow conditions with transaction and immigration advisers before committing funds. Set dates for the funds trail, signed vendor and hosting commitments, the business plan, and counsel's review — those you can schedule. A first review should place the source transfer, commitment dates, opening milestones, and any visa appointment in one chronology. Complete due diligence and reconcile the seller's figures before signing anything, because a marginality problem discovered after closing is expensive. Ask the seller for an extension before expiry if more time is genuinely needed, record any amendment in signed form, and plan for refusal as well as approval. Obtain the signed amendment, compare the down payment, balance, collateral, guarantees, cancellation provisions, and dates, then update the funds ledger and forecast. The application is assessed on the enterprise as it stands, and credible prelaunch commitments can matter, so waiting may simply delay without adding strength. Funds must remain irrevocably committed and at risk on genuine terms; a delay that restores unrestricted control to the investor may change that analysis.