Neither is required. The usual approach is to sign, fund escrow with release conditioned on visa issuance, and close after approval, so the funds are committed without the investor owning a business they cannot yet run.
Commit before the interview, take possession after it
Hypothetical example: A Portugal Cove-St. Philip's investor faces a genuine sequencing problem: the consular officer wants to see funds irrevocably committed, but an investor who closes and takes ownership before holding E-2 status cannot lawfully work in the business, and a refusal would leave them owning a U.S. contracting company they cannot operate. The accepted solution is a purchase agreement with the full price deposited in escrow, an escrow agreement releasing the funds to the seller only on visa issuance and returning them only on refusal, and a closing date set shortly after the expected decision. The investor should not perform electrical work, supervise crews or sign customer contracts as the owner before admission in E-2 status; visits to inspect the business and meet the seller are visitor activity, running it is not. Consular appointment availability at the Canadian posts varies, so the escrow term and the seller's patience should be negotiated with realistic dates rather than the earliest one.
Hypothetical example: a Canadian purchaser negotiates to acquire an industrial-laundry company whose seller insists on a quick closing. The buyer should first obtain the proposed escrow language and mark every condition that permits release or return. A condition tied solely to visa issuance can demonstrate commitment; broader conditions for financing, inspection, or changing the buyer's mind may not. The decision is whether to remove those contingencies, negotiate more time, or walk away. The signed agreement, not the broker's description of escrow, establishes the actual risk.