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APPLICATION ANSWERS · E-2 FIELD GUIDE

Should we sign the partnership agreement before the E-2 review for a Guelph applicant?

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THE DIRECT ANSWER

Obtain immigration and commercial review while consequential terms can still be assessed and negotiated. A preliminary review can identify nationality, control and funding questions, but the application ultimately needs evidence of the actual qualifying arrangement and commitment. Neither an unsigned plan nor a binding agreement guarantees approval.

Use a decision schedule for the venture

List the agreement, contributions, lease, permits and intended operating date. Identify which obligations become binding at each step and whether any conditions require examination. Avoid beginning unauthorized US work merely because the partners have signed, and avoid assuming every refundable arrangement is either acceptable or prohibited.

Synchronize the commercial closing with the immigration sequence rather than letting either side make unsupported promises. A first review should identify when funds become committed, when premises and permits begin, when the enterprise can operate, and when the investor must be present to direct it. Executed escrow terms and dated transfers resolve key timing questions. Difficulty arises if a lease or purchase must close before eligibility is known but has no sensible protection against refusal. Hypothetical example: An orchid tissue-culture nursery must reserve greenhouse space before a seasonal propagation cycle. The investor can structure a genuine commitment with carefully documented conditions, but should not leave the capital freely withdrawable while asserting that the nursery is already funded.

Use a written checkpoint for escrow dates, operating launch and commercial condition deadlines. Name the original record, the person responsible for obtaining it, and the date by which any contradiction must be resolved. This lets the applicant make a practical decision from verified facts instead of relying on a convenient assumption. If the answer changes the structure or schedule, revise the plan before the next immigration step.