State which commercial conditions are actually satisfied and which remain pending.
Assess readiness from the genuine arrangement
Review whether unresolved operating rights materially affect the proposed enterprise. A preferred filing date does not justify presenting a consent, transfer or agreement as effective before it actually is.
Sequence commercial readiness by recording each consent, transfer, payment, and condition with its actual effective date. If supplier approval controls access to essential equipment, assess whether the enterprise can yet operate rather than calling the approval complete. E-2 funds must be irrevocably committed and at risk, although properly structured contingencies require fact-specific review; a desired filing date cannot replace that evidence. Also confirm treaty nationality, a substantial investment, a real non-marginal enterprise, and the investor’s operational control or ownership of at least 50 percent so the business can be developed and directed. Because E-2 has no direct permanent-residence route, do not let long-term plans distort the current application’s facts.
Hypothetical example: A horticultural grower outside Saint-David-de-Falardeau plans to acquire a greenhouse business that relies on a supplier-controlled irrigation system. The seller expects consent next month, while the buyer wants to file this week. She should disclose the pending approval, show which other funds are already committed, and decide whether the remaining operating uncertainty warrants waiting; backdating consent would create a false readiness narrative.