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SPRUCE GROVE · E-2 FIELD GUIDE

What if the property sale closes before the operating-business agreement is final?

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THE DIRECT ANSWER

Show the transactions at their actual stages. Ownership of the premises does not mean the operating acquisition or rights are already complete.

Track separate closing dependencies

Identify what has closed, what remains conditional and the consequences for the proposed business. Preserve the actual agreements and explain any change in the plan. A property closing date does not guarantee E-2 approval or authorize the applicant to begin U.S. operating work. Review the full arrangement before relying on a filing account that assumes both transactions have occurred.

The land closing produces the funds; the corporate distribution and bank transfers produce the path; the purchase agreement with escrow produces the irrevocable commitment; the seller's statements, payroll and franchise agreement produce the evidence of a real, non-marginal enterprise. The second half traces commitment: the signed purchase agreement, escrow instructions if used, the closing statement, wire confirmations, and receipts for deposits, equipment, licences, insurance and pre-opening costs.

Negotiate with the seller a long-stop date that leaves room for consular scheduling, because interview availability varies, and a seller who insists on closing within thirty days will force either an unconditional payment or a withdrawn deal.