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APPLICATION ANSWERS · E-2 FIELD GUIDE

Can the applicant start directing operations while final rights are negotiated?

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THE DIRECT ANSWER

Do not assume a provisional arrangement or intended future status authorizes present work.

Resolve the actual proposal

Identify the current rights and intended U.S. activity for review. A pending negotiation does not establish eligibility or work permission.

Identify who has authority to change closing and release conditions, then confirm the applicable consular or status process for the specific applicant, keeping a proposed opening date separate from an anticipated government decision. Set milestones of your own: entity and ownership, funds trail complete, premises and stock committed, projections rebuilt on non-exclusive terms, final review. Have the actual sale and business-purchase terms reviewed before assuming a required sequence; some arrangements allow review to proceed alongside closing steps. Set milestones: final security documents executed, funds released, expenditures made or irrevocably committed, and the plan reconciled to the actual figures. 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. Keep the intention to depart when status ends visible in the plan, and avoid commitments — staff start dates, equipment delivery, a family move — that assume approval on a particular day.