Assess the principal’s qualifying status and genuine development and direction as well as the spouse’s derivative eligibility. Do not assume a spouse can use E-2 to operate the storefront while the principal never obtains the required status or directing role. Temporary separate travel arrangements need case-specific review; ownership by itself authorizes neither person to work.
Decide who will be present and in what status
Describe the intended locations, travel periods and responsibilities of both spouses to counsel. A qualifying E spouse is generally employment-authorized incident to valid status, with the appropriate admission evidence, but that does not remove the principal’s own E-2 requirements. Confirm the basis and period of each person’s stay rather than treating the spouse as an independent substitute for the investor. Dependent children receive no work authorization from their E status.
The spouse must be legally married to the principal; an unmarried partner does not qualify on that basis. The spouse’s position here is materially better than under a professional admission, where a dependent may not work at all, and that difference sometimes decides which route a household prefers even when both are technically available. Employing the spouse alone does not establish that capacity; credible non-family hiring can support the projection, but it is not an independent legal requirement.