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LEDUC · E-2 FIELD GUIDE

Can I begin managing the U.S. business solely because the purchase agreement names a handover date?

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THE DIRECT ANSWER

A commercial handover date does not grant immigration work permission. Review the actual control arrangement and required immigration process before the work starts.

Coordinate the handover with real authorization

Identify payments and rights still conditional at the planned date. Do not pretend later instalments or approvals are completed simply to align the documents with a closing schedule. The E-2 assessment must address the actual investment, enterprise and applicant facts.

Build the launch calendar around milestones you control — agreement executed, permissions filed, equipment ordered, first production run scheduled — because no processing time, appointment date or outcome can be guaranteed. Order the milestones: incorporation and share issuance, funding of the U.S. account, signing and closing of the asset purchase, delivery or transfer of the assets, and completion of the valuation file. Prelaunch cases can proceed where commitments are credible and the enterprise is genuinely ready to operate, so waiting for goods to arrive is a business judgment rather than a fixed rule. Conditions precedent, a financing condition or a landlord’s consent can leave a signed agreement fully reversible for weeks, and a deal the buyer may still walk away from has placed nothing at risk yet.