A single equipment contribution cannot be counted twice for two independent investor petitions. Determine each spouse’s actual ownership rights and how the qualifying contribution is made. One qualifying investor may include an eligible spouse as a derivative; two independent investors must each satisfy their own capital and job requirements.
One petitioner, one documented transfer of the co-owned share
Joint ownership does not automatically require a new gift or sale between spouses. Review the applicable ownership law, consent and contribution documents to establish which rights are transferred to the enterprise and whose investment they support. Keep that record separate from the spouse’s derivative eligibility and individual admissibility. If a genuine gift or sale occurs, describe and document that actual transaction.
The principal’s qualifying role needs its own analysis, separate from a family member’s employment. Full-time generally means 35 hours weekly; investor, spouse and children are excluded as qualifying workers. Children must be under 21 and unmarried when they acquire residence, subject to Child Status Protection Act calculations, so the household should compare each child's age with the expected total timeline before choosing which spouse is the investor.