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NOTRE-DAME-DU-BON-CONSEIL · E-2 FIELD GUIDE

Should a Notre-Dame-du-Bon-Conseil E-2 investor sign a lease before the case is reviewed?

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THE DIRECT ANSWER

A binding commitment can be important, but the terms, contingencies and financial exposure should be understood before funds are placed at risk.

Commit deliberately, not blindly

Hypothetical example: an investor finds suitable retail premises and is asked for a non-refundable deposit the next day. A lease or escrow arrangement can be part of a genuine E-2 commitment, but the person should know the financial consequences if the immigration process does not proceed. Align the lease dates, purchase obligations, capital transfers and operating start with the documentary plan.

Preserve the proposed lease, deposit terms and escrow instructions showing when the investor becomes legally and financially committed. Coordinate lease execution, escrow release, business closing and intended operations with case preparation, recording every deadline and consequence if immigration approval does not follow. Resolve clauses that leave funds fully revocable or require operations to start before the planned authorization.

The investor should not begin directing U.S. operations simply because a deposit or lease has been signed. Confirm the capital will be genuinely at risk without mistiming unauthorized work, travel or family relocation, and recheck official E-2 procedures before each commitment.

Use a written calendar for petition validity, status expiry, school dates, travel, planned work and any payment deadline. If a new fact moves one date, reconsider the sequence instead of treating the original plan as fixed. Timing evidence should support, not outrun, the authorization sought.