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APPLICATION ANSWERS · E-2 FIELD GUIDE

Can we call the equipment operational before it arrives for a Chatham-Kent applicant?

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THE DIRECT ANSWER

No. Describe shipment, delivery, installation and readiness as separate stages. A dispatch record is not evidence that the U.S. operation can already use the asset.

Build the plan from actual milestones

Identify transfer conditions, expected delivery, required installation and any permissions needed for use. Explain which operating activities can occur before the equipment is ready. Do not present estimated dates as completed events or assume a shipment guarantees immigration approval. Coordinate the business and filing evidence without concealing outstanding steps.

E-2 requires treaty nationality, a real enterprise, substantial capital committed irrevocably and exposed to commercial loss, and an operation that is not marginal. The investor must be able to develop and direct the enterprise. A first review should trace every proposed dollar or asset from lawful source to the enterprise, identify any lender, and mark whether the obligation is already binding. Start with ownership and bank records, then contracts, escrow terms, invoices, and the operating plan. Separate value from commitment and commitment from business viability. Applications weaken when an estimate is offered as payment evidence or when funds remain freely withdrawable at the decision point. Hypothetical example: A specialty-printing entrepreneur has ordered presses but the landlord has not yet countersigned the premises agreement. The executed lease, shipment status, and operating milestones show what is genuinely committed and what remains contingent. The practical next step is to preserve the underlying record, identify any conflict in writing, and decide the sequence from the facts rather than from a preferred outcome.