Have the actual sale and business-purchase terms reviewed before assuming a required sequence; some arrangements allow review to proceed alongside closing steps.
Coordinate the sale, the co-investment, and the filing
Confirm the appropriate order of steps with counsel rather than assuming one transaction must fully close before the other can be assessed.
Sequence the property closing, transfer of the applicant’s share, business commitments, visa preparation, and planned opening by their actual contractual dependencies. 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 new enterprise need not already operate, provided the evidence supports a real and active venture that will not be marginal, generally showing within five years after normal business activity begins either capacity beyond a minimal living or a significant economic impact. The mistake is either waiting for every door to open before review or treating a revocable intention as completed investment.
Hypothetical example: A LaSalle commercial-cleaning entrepreneur expects jointly owned property proceeds to fund equipment, insurance, and an American premises deposit. Counsel should review the sale allocation, escrow terms, supplier contracts, and cancellation clauses before choosing when to apply. The record should show when each obligation becomes binding and when the capital is exposed to loss. The ownership record must leave treaty-country nationals with at least half of the enterprise and permit the entrepreneur to develop and direct it. No projected launch date replaces proof of the actual transaction sequence.