An offer and the authorization to perform the job are different questions. If a spouse relies on valid E spouse status, assess whether the ownership change affects the principal’s eligibility and therefore the derivative basis. Verify current evidence, such as an unexpired I-94 bearing E-2S, before work starts. Any separate work authorization must be assessed on its own terms.
Keep the dependents' paperwork on its own track
Only a legally married spouse is a spouse for this purpose; an unmarried partner is not automatically included. Unmarried children under twenty-one may accompany, but dependent status gives them no work authorization. Each family member may need a separate application and their own appointment, so do not promise an employer or a school a shared date. Watch the I-94 period, which can end before a visa expires.
Qualifying E spouses may be authorized incident to status with the required evidence, but a pending case does not provide that permission. Explain any ownership or operational role separately and avoid treating financial liability as proof that all family members may help run the business in the United States. Properly documented E spousal status authorizes employment incident to status; E children lack that right.