Review the purchase and escrow conditions with transaction and immigration advisers before committing funds. Some structures can address a visa-related condition, but escrow does not automatically make every payment qualifying or risk-free. The right sequence depends on genuine commitment, the business’s readiness and the actual contractual consequences of refusal or delay.
Identify the decision that cannot be reversed cheaply
List the closing, lease transfer and staff-transition obligations and who bears each risk. A commercial deadline does not require the government to decide by that date. Starting to operate the US business also requires the proper work-authorized basis; ownership or a pending application alone does not supply it.
Escrow released to the seller on issuance and returned only on refusal satisfies the requirement that capital be irrevocably committed while protecting the buyer, and it is the standard answer to this sequencing problem. Written consent from the licensor, the executed assignment, an amended purchase agreement reflecting whatever was settled, and a revised operating plan each need to be in hand before the file can describe readiness accurately. A performance clock starting on signature, or a minimum purchase falling due within the first year, can begin running while the investor is still outside the United States and unable to manage the launch lawfully.