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RURAL MUNICIPALITY OF WEST ST. PAUL · E-2 FIELD GUIDE

Can the investor start U.S. work while the Canadian transfer of funds is pending?

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THE DIRECT ANSWER

Review actual permission and the genuine investment stage before the activity.

Do not equate a funding plan with authorization

A proposed transaction does not itself grant U.S. work rights. Assess real commitment, conditions and the applicable process.

The proceeds of the duplex sale must be traced from the Canadian closing to the U.S. purchase, and the purchase funds must be irrevocably committed, whether paid at closing or held in escrow releasable only on visa issuance. Canadian citizens generally need an E visa, so allow for the consular step and avoid promising a supplier a start date that depends on it. The safer sequence is to close into an escrow that releases the funds only when the visas are issued, which still satisfies the irrevocable-commitment rule. Once the agreement and escrow are executed and the funds deposited, apply at the consulate; do not book the interview before the money is committed, because the application will be refused for lack of investment. Due diligence, negotiation and an unsigned agreement leave the position open; the transfer of funds into the enterprise generally does not, because commitment and risk are the point of the requirement.