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RURAL MUNICIPALITY OF ST. ANDREWS · E-2 FIELD GUIDE

Does the purchase closing authorize both adults to begin U.S. work?

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THE DIRECT ANSWER

No. Commercial completion does not establish either person’s immigration permission.

Track investor and spouse documentation

Review the actual status basis for each planned activity. A shared closing or travel date is not a substitute for the necessary individual assessment.

The purchase agreement should therefore be signed, the price deposited with an escrow agent, and the closing conditioned on visa approval, with the money returned only if the visa is refused. E-2 permits an investor to be in the process of investing, but the capital relied upon must be irrevocably committed and at risk; refundable or freely withdrawable funds may not satisfy that condition. A purchase conditioned on E-2 visa issuance may still meet the commitment requirement when the funds are placed beyond the investor's control in a binding escrow for release to the seller once the visa is issued. Keep the seller's preferred closing date, the application's progress and the planned opening as separate milestones. Agreements written around a target opening date rarely allow for a step whose duration nobody controls, and a delivery clause penalising late acceptance shifts that scheduling risk onto the investor. Plan the consular timeline into the purchase agreement rather than promising the seller a closing date the consulate has not agreed to.