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WELLESLEY · E-2 FIELD GUIDE

Does a forecast’s first revenue month determine when the investor can work?

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THE DIRECT ANSWER

No. Commercial projections do not grant immigration permission.

Track the actual transaction and process

Identify real commitments and unresolved conditions. Confirm authorization before the proposed U.S. activity rather than using a spreadsheet date.

Coordinate the agreement, funds transfer and closing dates with the legal review; the transaction may settle payments at closing rather than beforehand. The buyer can offer a firm commitment with documented conditions and dates, structured with the transaction lawyer so that exposure becomes real only after the agreed diligence is complete. 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. Structure the transaction with a condition tied to the immigration decision and funds in escrow, so the deal can wait for the outcome instead of forcing an early completion. A seller's preferred closing date is commercial pressure, and it cannot convert collateral over enterprise assets into qualifying capital, so a timetable with no room to redraft is a risk to the transaction as much as to the application.