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APPLICATION ANSWERS · E-2 FIELD GUIDE

What if the planned expansion is postponed while a Saguenay investor prepares an E-2 case?

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THE DIRECT ANSWER

Review the effect on the business, projections and nonmarginality evidence and update the record as appropriate to the case stage. Do not continue describing the original growth schedule as current if it is no longer supported. A delay’s legal effect depends on the actual facts.

Reassess the dependencies before committing

Identify financing, premises or customer conditions causing the change and the evidence for any revised plan. Obtain appropriate advice before further binding commitments. A filed application does not authorize work or guarantee acceptance of an outdated forecast.

A first review should place the source transfer, commitment dates, opening milestones, and any visa appointment in one chronology. Use signed agreements and bank records to distinguish a completed commitment from a future intention. The funds must enter an irreversible commitment that faces commercial loss, and the planned enterprise cannot be marginal. Hypothetical example: A mobile dental-equipment sterilization service delays its lease while advertising a launch date. The investor should revise the plan with the actual condition, not leave the old opening date as a promise. Material changes in ownership, financing, premises, or customers deserve review before the next filing step. An application date neither authorizes work nor converts an uncommitted reserve into qualifying capital.

Identify what the postponed expansion changes before making another irreversible commitment. Update customer capacity, expense timing, staffing and nonmarginality projections, then check whether already deployed funds remain substantial for the revised enterprise. E-2 still requires treaty nationality and qualifying ownership, plus capital from a lawful source that is irretrievably committed and exposed to loss. The business must genuinely operate, with the investor directing its development through majority ownership or another qualifying form of control. There is no direct green-card route. Decide with counsel whether the record should be updated, delayed or rebuilt for the actual procedural stage. Continuing to use obsolete premises or hiring dates because the application calendar is inconvenient is the recurring mistake.

Hypothetical example: A Saguenay industrial-cleaning entrepreneur learns that specialized equipment will arrive four months late. She revises launch capacity, supplier evidence and cash-flow assumptions, while retaining invoices showing committed purchases and funds reserved for genuine operations. She does not sign a larger lease merely to preserve the original chart. Before any filing or interview, the submission reflects the reduced early workload and explains the supported sequence instead of presenting postponed contracts as active.