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APPLICATION ANSWERS · E-2 FIELD GUIDE

Should we close before the customer decides?

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THE DIRECT ANSWER

Evaluate the contract’s risks and the immigration consequences with the appropriate advisers. A closing date alone does not resolve the missing consent.

Plan around the decision that changes the business

Identify who can terminate, what payments become binding and which operations can proceed without the contract. Keep proposed and completed commitments distinct. Review any escrow arrangement on its terms rather than assuming the visa condition covers every commercial contingency. Avoid promising an immigration timetable to force a customer’s decision.

Make a dependency calendar for execution, payment release, consents, opening tasks, and requested entry. Hypothetical example: a fire-safety equipment distributor has a supplier agreement but an unresolved warehouse lease. Signed terms and realistic operating dates show which commitment becomes irreversible first. Update the plan as conditions are met instead of promising an official outcome to a customer or landlord. The enterprise must be credible, non-marginal, and supported by capital genuinely committed to commercial risk. Do not treat an optimistic business explanation, a later-created letter, or a family arrangement as proof of a missing eligibility fact. Use a conservative operating date when conditions remain open.