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MCBRIDE · E-2 FIELD GUIDE

Can every co-owner start U.S. work when the purchase closes?

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THE DIRECT ANSWER

Closing is a commercial event, not shared immigration authorization. Each person’s proposed activity and appropriate status need assessment.

Coordinate the operating plan with actual permission

A common opening date cannot waive E-2 conditions or guarantee individual decisions. Identify who will genuinely perform work and on what lawful basis before relying on the timetable.

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. Chain the documents: the division sale agreement and closing statement, the deposit into the buyer's account, the transfer to escrow or the seller, and the purchase agreement showing the funds cannot be recovered except on visa refusal. Keep a proposed opening date separate from an expected government decision, and have any change in ownership, funding or operations reassessed rather than making the transaction irreversible to follow a generic timeline. Buyers manage the discomfort by structuring the transaction deliberately, with the funds released to the seller or into the business rather than held in a refundable arrangement, and by doing the diligence that makes the purchase worth making regardless of immigration outcome. Confirm the regulator's actual ownership-change procedure before signing; establish who may lawfully perform interim work before anyone travels; settle escrow terms in writing before funds move.