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OAK BAY · E-2 FIELD GUIDE

What if the leased equipment will arrive later than planned?

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THE DIRECT ANSWER

Assess the effect on the real opening plan and economic evidence instead of preserving an outdated operational date.

Update the resources actually available

Identify any genuine alternative and its terms. A revised delivery estimate does not guarantee immigration timing or establish that the enterprise is already operating as described.

Settle ownership and control terms first, then sign a purchase agreement with escrow contingent on visa approval, then assemble the financial and source-of-funds evidence and apply. The sequence that works for most small enterprises is to negotiate the lease and the equipment purchases first, sign what must be signed to make the investment genuine, and file with those documents in the file. E-2 requires funds already spent or irrevocably committed and at risk, so the lease and equipment orders should be in place; a properly conditioned escrow may be used for the purchase price. Structure the transaction with a condition tied to the immigration decision and funds in escrow, so the deal can wait for the outcome instead of forcing an early completion. Read every payment obligation in sequence: purchase price, inventory, equipment, lease, opening stock, franchise fee and working capital. Agreements written around a target opening date rarely allow for a step whose duration nobody controls, and a delivery clause penalising late acceptance shifts that scheduling risk onto the investor.