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RURAL MUNICIPALITY OF HEADINGLEY · E-2 FIELD GUIDE

Can the buyer open after brand approval while immigration remains unresolved?

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THE DIRECT ANSWER

Brand approval is not U.S. work authorization.

Coordinate separate decisions

Review the actual intended activity and permission before beginning operations. A franchisor’s opening schedule does not establish the government’s decision.

Preparation can identify the unresolved condition, but the file must accurately describe what is committed and what remains contingent. In practice the accepted approach is an escrow: the purchase price is deposited with a third party under instructions that release it to the seller on visa approval and return it to the buyer on refusal. The accepted way to reconcile these is an escrow whose release is conditioned only on visa issuance, so that the money is out of the buyer's control and the deal completes automatically on approval. Structure the transaction with a condition tied to the immigration decision and funds in escrow, so the deal can wait for the outcome instead of forcing an early completion. Applying before commitment fails the at-risk test; closing unconditionally before approval risks owning a U.S. business the buyer cannot lawfully run. No processing time is guaranteed, so avoid resignations, shipments, or opening commitments that depend on a specific approval date.