Assess the effective revised agreement before relying on an earlier investment analysis.
Preserve the material change
A new refund or release provision can change the relevant facts. Do not present superseded terms as current or assume a prior assessment guarantees the amended arrangement qualifies.
Consular officers expect to see funds irrevocably committed, and they accept escrow arrangements that release on visa issuance because the buyer cannot recover the money simply by changing their mind. A binding purchase conditioned solely on E-2 visa issuance may keep assets in escrow for release once that condition is met, protecting the funds pending the decision while still demonstrating commitment. Settle ownership and control, then sign a purchase agreement with the price in escrow contingent on the outcome, then assemble the source-of-funds and financial evidence, then apply. Where the seller is willing, build the sequence into the agreement: a diligence period, an escrow that releases on defined events, or a deposit refundable on a specified condition. Holding funds in escrow against approval is the usual way of reconciling those two pressures, and it has to be drafted so the capital stays at risk rather than freely recoverable; confirm the treatment under current guidance before signing. Escrow bridges the two: the funds leave the buyers' control and sit with a third party under written instructions, so they are committed, while a defined release or return condition addresses the refusal scenario.