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MARKHAM · E-2 FIELD GUIDE

When is a digital startup ready for an E-2 filing?

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THE DIRECT ANSWER

Assess whether the offering can be delivered, resources are genuinely committed and the U.S. operating model is defined. A website launch date alone does not establish readiness or permission for the investor to work.

Track product and immigration milestones separately

Resolve ownership of software and contracts, verify payment evidence and document customer commitments before relying on them in the case. Explain any remaining development work and its effect on revenue projections. Check the current application procedure and travel needs without promising a processing date.

If the product is still conceptual, a polished online presence does not remove that gap. The failure mode is a launch date standing in for readiness. A product can be launched and still be undeliverable at scale, and an application resting on a launch describes an event rather than an operating business.

The earliest signal is a plan whose only dated milestone is a website going live. Resolve ownership of the software and the contracts, verify payment evidence and document customer commitments before relying on any of them. Explain the development still outstanding and what it means for the revenue expectation, since an honest account of remaining work is more persuasive than a claim of completeness the file cannot support.

Track product and immigration milestones separately and avoid promising a processing date.