For work physically performed in the United States, identify an actual work authorization even when the tasks are remote. Valid qualifying E spouse status may provide it, with evidence such as an unexpired I-94 annotated E-2S; another independent authorization may also be relevant. Discussing a conditional offer is different from starting the work. A software login or payment arrangement provides no immigration permission.
Plan the household around separate approvals
The spouse must be legally married to the principal; an unmarried partner does not qualify on that basis. Unmarried children under twenty-one may accompany, and their dependent status carries no work permission of its own. Each person may face a separate process with its own timing, so avoid committing to one household arrival date. Remember that a visa's expiry and the authorized stay on the I-94 are different dates.
Explain the investor’s actual presence and control in the US enterprise; do not assume the spouse’s Canadian employment automatically changes the legal test or triggers special scrutiny. The record should explain genuine ownership, authority and any transfer terms rather than conceal family funding or assume a shared household automatically proves the applicant’s qualifying commitment. An eligible E-2 spouse is employment-authorized incident to status, yet a pending application or shared ownership does not permit early work.