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KENT · E-2 FIELD GUIDE

When should the Kent couple close on the nursery relative to the E-2 application?

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THE DIRECT ANSWER

Use escrow so the application is made after funds are committed but before the sale completes. Closing first puts the money at risk without any assurance of status; applying first with nothing committed shows no investment. Escrow satisfies both concerns.

Commit before you apply; complete after you are approved

E-2 requires the investment to be made or be actively in the process of being made at the time of application, and the officer will not accept a plan to invest later. Hypothetical example: the seller wants to close before the spring planting season, and the couple want status before they sell their Kent greenhouse. The usual solution is an escrow-based purchase agreement: the couple deposit the price with an escrow agent, the agreement provides that funds release to the seller upon E-2 approval and return to the couple if it is refused, and the application is filed on that record. The money is then committed—the couple cannot withdraw it at will—yet not lost if the case fails. Order the steps as financing, escrow, application, approval, closing, arrival. If the seller insists on closing first, the couple should understand the money is at risk with no immigration assurance whatsoever.

Hypothetical example: a Canadian water-testing entrepreneur can close a purchase immediately, but the seller will accept an escrow clause that releases funds only if the visa is issued. The first review compares the clause with the investor's ability to lose the money and with the operating date the business requires. The contract should make the funds' commitment intelligible, not leave a discretionary exit that defeats the investment evidence. Decide that structure before signing, because later amendments can complicate the paper trail.