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OSHAWA · E-2 FIELD GUIDE

Must all planned employees be hired before E-2 filing?

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THE DIRECT ANSWER

A forecast can include future hiring, but it should accurately distinguish current staff from supported plans. Filing readiness depends on the whole enterprise’s commitment, operations and evidence rather than completion of an arbitrary headcount.

Tie dates to business milestones

Explain which positions are needed for opening and which depend on later demand. Do not promise employment start dates based on an assumed immigration decision. Show who can lawfully operate during any pending period and update the forecast if opening is delayed.

Current government procedures and the enterprise’s recruitment calendar remain separate scheduling questions. Expect the forecast to be overtaken and plan to update it rather than defend it. A delayed opening changes which positions are needed and when, and a plan filed months earlier will describe a business no longer matching the payroll.

Explain which positions are required for opening and which depend on later demand, then revise the document when the opening moves. Show who can lawfully operate the business during any pending period, since that question becomes urgent precisely when the schedule slips. Do not promise employment start dates based on an assumed immigration decision, and treat the recruitment calendar and the government procedures as separate scheduling problems.

Agree who updates the forecast, and at what interval, before the first delay occurs.