A spouse can perform the role only with appropriate work authorization. Qualifying E spouse status can provide authorization incident to status, documented by an unexpired I-94 with E-2S or other applicable evidence. Independently held work permission requires its own review. A conditional offer can be discussed before authorization, but work must not start merely because the spouse is married to the investor.
Decide who fills the gap before you rely on it
If the plan assumes the spouse will manage operations after a departure, treat that as a role with an eligibility question attached. The spouse pursues their own process, and matching approval dates are not guaranteed, although derivative eligibility depends on the principal. Unmarried children under twenty-one may accompany, but dependent status gives them no employment authorization. Where staffing continuity is critical, keep a paid hire in the budget as well.
A pending case or family ownership should not be treated as the spouse’s present work authorization. Children under 21 in E-2 dependant status may study but are not work-authorized.
Do not promise a start date based solely on the customer schedule or begin US work without the appropriate permission. A submitted application does not permit work before the appropriate status or visa is in place.