Skip to content
PENHOLD · E-2 FIELD GUIDE

Can a second acquisition begin operating under an assessment of the first business?

Sources checked:

THE DIRECT ANSWER

Do not assume every additional enterprise or activity is covered. Review the actual proposed work and appropriate process before relying on the earlier assessment.

Define the next operation before scheduling work

Identify the entity, ownership, directing role and capital arrangement. A seller’s handover date cannot establish immigration permission. Keep commercial closing and the actual visa or admission conditions separate.

Begin state licensure early, then structure the purchase so the funds are committed through completed expenditures, an unconditional closing, or a binding escrow conditioned on E-2 visa issuance. Build a dated review file around the contract deadlines, escrow release, money trail, business opening sequence, visa application materials, and travel plan. Prelaunch cases can proceed where commitments are credible and the enterprise is genuinely ready to operate, so waiting for goods to arrive is a business judgment rather than a fixed rule. The category is not satisfied by an intention to invest, so the funds have to be irrevocably committed to the enterprise at the time the application is decided, which is why the sequence of closing, funding and applying has to be planned rather than improvised.