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MACKENZIE · E-2 FIELD GUIDE

Can the investor begin U.S. oversight as soon as the manager signs the contract?

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THE DIRECT ANSWER

No permission follows from that contract alone. The actual E-2 conditions and appropriate visa and admission process remain necessary.

Separate business readiness from authorization

Identify the intended directing activities and genuine status. A staffing milestone can help planning without guaranteeing a government decision or authorized start date.

Work backwards from the steps you control: covenant wording settled, funds traced and transferred, closing completed or firmly committed, business plan and staffing set, packet reviewed, appointment attended. E-2 evidence should show a genuine enterprise and committed capital, yet a contingent purchase, escrow release, and actual management activity can have different dates and legal consequences. Obtain an executed amendment, verify that any closing conditions have occurred, update the ownership ledger and resolutions, and align the business plan with the operative governance terms. Some qualifying arrangements involve funds held in an investment-in-process or escrow arrangement, so it is not accurate to assume every purchase must be fully closed before a review is useful; the actual terms should be reviewed first. A performance clock starting on signature, or a minimum purchase falling due within the first year, can begin running while the investor is still outside the United States and unable to manage the launch lawfully.