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CANDIAC · E-2 FIELD GUIDE

My spouse holds shares in the company — how does that affect our plans?

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THE DIRECT ANSWER

Two separate questions. First, your spouse's citizenship and shareholding count in the treaty ownership calculation like any other holder's. Second, an eligible legally married spouse may accompany you and, in qualifying E spouse status, is generally employment-authorized incident to that status — confirm with the I-94 or E-2S evidence rather than assuming.

Keep the shareholding and the work question apart

Holding shares does not authorize your spouse to work, and neither does simply living in the United States or being paid by the company. Unmarried children under 21 may accompany you as dependents, but dependent status gives them no employment authorization. Each family member has their own process and eligibility, and a derivative’s eligibility depends on the principal, while appointments and outcomes need not coincide, so plan schooling and job searches without assuming shared dates.

A pending investor case and an anticipated customer relationship do not themselves authorize US business operations by the spouse. Do not schedule the spouse to produce, package, administer, or deliver the order while the family’s E-2 applications remain pending. The principal investor should wait for valid E-2 status before performing productive work and must still show treaty nationality, a qualifying ownership structure, substantial capital irrevocably committed at risk, a non-marginal operating enterprise, and development and direction through 50% ownership or operational control.