The gap, named · our reading of the rule

Buyers often assume purchasing 100% of a business's stock grants the immediate right to manage it. Purchasing equity is an investment, not a work permit.

The Regulatory Framework

Acquiring a business requires aligning the transaction with a valid status (E-2, L-1A, or H-1B with an independent board). Escrow structures protect invested capital during the visa application process.

How entrepreneurs prepare for this conversation

• Step 1: Insert Visa Closing Conditions: Add visa approval conditions to the Purchase and Sale Agreement (PSA).
• Step 2: Appoint Transition Management: Retain the seller or an independent manager during the visa approval window.

Attorney Interrogation Sheet (What to Ask)

1. Should we structure this transaction as an asset or stock purchase for visa purposes?
2. How should the purchase agreement escrow clause be drafted?

What this is not This piece quotes the published rule and says plainly where we are reading it rather than quoting it. It is not legal, tax or immigration advice, it creates no attorney–client relationship, and neither you nor we can apply it to your facts. Rules also move — check the date above, then take the questions in this piece to your own licensed attorney and CPA, who are the only people who can advise you.

Sources · primary law first, our own notes labelled as such

9 FAM 402.9 — E-2 business acquisition standards

8 CFR 214.2(l) — L-1 intracompany acquisition guidelines

Ownership and work authorisation are treated differently in the rules, and that difference is what this library is about. Everything here is written for people keeping the job that holds their status.

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