The sequence depends on the real agreement and proposed immigration process. Review whether the buyer has the necessary authority at the relevant stage rather than assuming either immediate filing or delay is always required.
Identify the event that changes the case
Ask who can amend the restriction, whether the event has occurred and what evidence will establish it. Keep the commercial closing schedule separate from government processing. The applicant must obtain the required permission before undertaking US work; choosing a filing date does not authorize running the enterprise while the control issue is unresolved.
Negotiate with the seller a long-stop date that leaves room for consular scheduling, because interview availability varies, and a seller who insists on closing within thirty days will force either an unconditional payment or a withdrawn deal. The recognised middle path is an escrow holding the purchase price with release to the seller conditioned on issuance of the E-2 visa, so the money is unconditionally committed for immigration purposes yet returns to the buyer if the visa is refused. A performance clock starting on signature, or a minimum purchase falling due within the first year, can begin running while the investor is still outside the United States and unable to manage the launch lawfully.