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APPLICATION ANSWERS · E-2 FIELD GUIDE

Can the family begin operating at closing without reviewing status for a Charlottetown applicant?

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THE DIRECT ANSWER

Closing alone does not authorize U.S. work.

Review each intended activity

Coordinate the commercial schedule with the actual immigration process. Ownership and a business opening date do not substitute for individual permission.

Hypothetical example: a treaty investor planning to open a low-waste packaging company after a manufacturer confirms the first production run. Arrange the chronology so capital commitment, ownership, premises, contracts, and operating readiness support the same proposal. A visa decision is not a substitute for a commercial closing, and a closing does not authorize work before the applicant holds the appropriate status. Keep a timeline of deposits, conditions, supplier commitments, and the expected opening. If a seller or manufacturer delays, update the plan rather than claiming the business is already operating. The practical decision is whether to proceed under a conditioned agreement or wait until the investment can truly be exposed to loss.

E-2 calls for treaty nationality, control of the enterprise, and funds committed irrevocably to commercial risk in a real business that is not marginal. The investor must be able to develop and direct the enterprise. No single dollar figure decides substantiality; the amount is assessed against the cost and nature of the particular undertaking.

Use records created closest to the event: signed agreements, payroll or bank evidence, corporate records, licences, civil documents, and dated correspondence. A careful review identifies what each record proves and what it does not prove. Do not solve a factual gap by copying a favourable label from another route. Make the next decision only after the missing fact is either documented, changed, or plainly described as unresolved.