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L'ASSOMPTION · HOUSEHOLD CHOICES

Receiving business income and performing business work are different questions for a TD spouse

USAvisa field guide · 3 minute read Reviewed 7 September 2026

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THE SHORT ANSWER

A spouse may own an interest in a Canadian business and expect income after moving to the United States. Identify what the spouse would actually do, not only where payments originate. Ownership or a payment label does not answer whether planned activities amount to work requiring authorization. Sort the questions by who can answer them. The Canadian business decides what it needs done and by whom, and it can reassign duties or appoint someone else; the spouse’s status decides what that person may do while in the United States. Settle the first with the company before asking counsel about the second, because the answer depends on the duties as they will actually stand.

01

Separate the income record from the activity record

Hypothetical example: a spouse describes business receipts as passive income but intends to keep negotiating contracts and directing staff from the United States. List the actual tasks, physical location, time commitment and decision rights. Keep distributions or other receipts on a separate financial record. Ask for review of the activities rather than assuming a foreign bank account makes them permissible.

02

Apply the status actually held

TD permits study but not employment. A person cannot rely on the E or L spouse work rule merely because they also own a business. Qualifying E and L spouses may work incident to valid status with appropriate I-94 evidence; that benefit does not extend to children. Review any unpaid activity on its facts, because absence of salary does not by itself decide the work-authorization question.

03

Plan the business responsibilities before travel

Identify which tasks can be assigned to someone else and which the spouse hopes to retain. Have the resulting arrangement and any alternative immigration basis assessed before treating the household’s expected income as a work plan. Keep tax and financial advice separate but coordinated. A description of permitted activities should come from the actual facts and status, not from renaming active management as investment income.

04

What the business completes before the move

Several things can be done inside the Canadian company while the household is still in Canada, and each one narrows the question counsel has to answer. Appointing a director or manager who will hold signing authority moves decisions off the departing spouse. Amending the shareholders’ agreement or the officer register records that change in a document rather than in an understanding. Redirecting client communications and giving suppliers a new contact prevents the pattern of contact that would otherwise continue by habit. Where the spouse will retain an ownership interest and nothing more, the file should show what was transferred, to whom, and when. Do this before departure, not after a question arises. A duty given up in advance is a fact; the same duty given up once it has become a problem is a change made under pressure, and the record shows the difference.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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