Preparation can identify the unresolved condition, but the file must accurately describe what is committed and what remains contingent. Ask how the outstanding count affects the proposed filing.
Assign responsibility for the final figures
Record who performs the count, who accepts it and when the price becomes binding. Identify whether the payment or escrow terms already address the uncertainty. Do not represent a forecast as a completed closing. Coordinate legal review with the commercial deadline and keep a contingency if the stock dispute materially changes the enterprise.
For E-2, the investor needs treaty nationality and must show a real enterprise, qualifying treaty ownership, a substantial commitment of capital exposed to commercial loss, active direction, and an enterprise that is not marginal. It is temporary and does not independently grant permanent residence. Hypothetical example: a refrigeration-controls buyer has a seller willing to close in ten days but the lease, licence, and supplier terms are incomplete. Sequence the commercial transaction before treating an application date as the deadline: settle binding commitments, trace funds, prepare the operating plan, and then use the applicable consular process. The decision is whether a rushed closing creates a real operating enterprise or a file with unresolved commercial facts.
Write the conclusion into the transaction checklist and resolve contrary wording in the contract, escrow, financing, or forecast before applying. A commercially attractive proposal still needs records that show the actual commitment and operating role.