Sign the purchase and escrow agreements, fund the escrow, file the DS-160 and DS-156E with the evidence, attend the interview, and close automatically on visa issuance; do not close first unless prepared to lose the funds on refusal.
Let the visa issuance be the closing trigger
Sequencing protects both sides. Signing the purchase agreement first fixes the price and the asset list; funding the escrow immediately afterward creates the irrevocable commitment the application needs; the visa file is then assembled around those executed documents. The interview date depends on consular availability, so the agreements should allow a realistic outside date for closing. If the visa is refused, a refund clause returns the escrowed funds, which is the reason for choosing this order rather than closing outright. Once the visa issues, the escrow agent releases the price and the couple travel to take over the business, ideally before the peak season so that the first months of operation generate the payroll and revenue that will support later renewals. E-2 status is renewable indefinitely while the enterprise continues, but each renewal re-examines the same conditions.
Commitment should occur only after the buyer understands the business and has negotiated protection for a refused visa, such as a carefully drafted escrow condition. Once the funds are released or expenses are paid, the evidence should be retained in transaction order. The timing must also leave enough room to show a viable, non-marginal operating plan rather than a future idea. Hypothetical example: a language-school owner signs a lease, pays for curriculum licences, and places the purchase price in conditional escrow before applying. She delays the public opening until the admission decision, but the contractual commitments already demonstrate more than casual preparation.