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ESSA · E-2 FIELD GUIDE

How should Renata sequence the buy-in from Essa so the E-2 application is not premature?

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THE DIRECT ANSWER

Settle ownership and control terms first, then sign a purchase agreement with escrow contingent on visa approval, then assemble the financial and source-of-funds evidence and apply. Applying before the structure is fixed or before funds are committed usually leads to refusal.

Commit the money in a way that is real but reversible only if the visa is refused

The order matters because E-2 requires funds that are irrevocably committed yet the applicant sensibly does not want to lose them if the visa is refused. The accepted method is a signed purchase agreement with the price paid into escrow, released to the seller on visa approval and returned to Renata only if it is refused. That arrangement should be executed only after the ownership split and operating agreement have been renegotiated to satisfy the 50 percent and control requirements.

In parallel, Renata gathers her source-of-funds trail and the company's financial disclosures, and the business plan for the service division is written. The consular application follows, with an interview at a U.S. consulate in Canada; appointment availability varies and should be checked early.

She should not begin working in the company during visits before approval. After approval, the escrow releases, the shares transfer and she is admitted for the period granted, with renewals available while the enterprise continues to qualify.