Distinguish the current agreement from any proposed amendment and its actual effective conditions.
Keep the filing account aligned with operative rights
Assess the case using the actual legal arrangements and explain material changes as they occur. Do not describe an oral intention or unsigned revision as an already effective transfer of authority.
Base the application on rights legally effective at the relevant time. Obtain an executed amendment, verify that any closing conditions have occurred, update the ownership ledger and resolutions, and align the business plan with the operative governance terms. Until then, disclose the existing veto and describe a proposed removal only as future. E-2 requires treaty nationality, qualifying enterprise ownership, and the investor’s ability to develop and direct, generally through 50 percent ownership or operational control. Lawful funds must be irrevocably committed and at risk in a substantial amount for a real, active, nonmarginal enterprise. The category has no direct path to permanent residence. Filing against an oral promise commonly produces contradictions among the agreement, chart, and claimed role.
Hypothetical example: An equipment-rental co-owner near Saint-Charles-de-Bourget expects her partner to surrender a veto after a lender consents. She does not date the application around the partner’s assurance. Instead, she tracks lender approval, signature, closing, and corporate-record updates, then reassesses control once every condition is satisfied. Meanwhile, capital documents show only amounts actually committed. If business timing requires an earlier filing, the record presents the current restriction truthfully rather than treating a conditional future amendment as completed.