Generally yes, provided the record shows the investing spouse controls the committed portion and that the funds came from a lawful source. Eligibility rests on the investor's citizenship, treaty ownership of at least fifty percent of the enterprise, substantial at-risk capital, a real operating business, and genuine direction by the investor.
Match the paperwork to the ownership story
If the joint balance funds the whole investment, the corporate records should not later describe a different owner without explanation. Decide early whether both spouses will hold shares or only the principal, and make the operating agreement, share register, and capital contribution entries agree. A hypothetical couple might document a spousal gift of one half, then capitalize a single-owner company. Counsel should confirm the structure keeps treaty ownership at or above the required threshold.
Examine the actual rights acquired rather than assume asset ownership includes enterprise control. Enterprise treaty nationality and the applicant’s ability to develop and direct are related but distinct conditions, and neither should be assumed from a label alone. Control is generally shown by owning at least half the enterprise or otherwise holding operational authority, enabling the applicant to develop and direct it.
E-2 classification depends on the nationality of the owners: at least 50 percent of the enterprise must be held by nationals of the treaty country whose nationality supports the case.