A transaction can create business obligations without resolving immigration eligibility or authorizing US work. Review the commitment and access consequences before signing.
Coordinate two different timetables
Identify the closing deadline, escrow conditions, seller transition and intended US activity. Ask which events depend on authorization and which contractual risks exist regardless of the decision. Do not assume ownership permits hands-on management while the immigration process remains unresolved.
Signing the lease, ordering equipment, arranging utilities and licensing, engaging a local manager and hiring staff all constitute irrevocable commitment and make the application stronger rather than weaker. An escrow whose only outstanding condition is issuance of the visa is accepted in official guidance as a solid, irrevocable commitment, while one the buyer can unwind for reasons of their own has preserved the funds rather than committed them. E-2 requires funds already spent or irrevocably committed and at risk, so the lease and equipment orders should be in place; a properly conditioned escrow may be used for the purchase price. Holding funds in escrow against approval is the usual way of reconciling those two pressures, and it has to be drafted so the capital stays at risk rather than freely recoverable; confirm the treatment under current guidance before signing.