Review who can authorize the contribution and what financial rights remain with each person. Joint ownership and derivative immigration eligibility are different issues. Do not assume one spouse can transfer all rights or that owning an interest automatically gives the other spouse permission to work in the United States.
Agree on the financial arrangement before assigning immigration roles
Obtain advice on the actual ownership and any required consent, then document the arrangement accurately. Separately review whether the spouse is joining as an eligible dependent or in another capacity. A qualifying E spouse’s employment authorization generally follows valid E status and appropriate proof; patent ownership or signing a contribution agreement does not itself supply that status.
The spouse of a treaty investor is admitted in E-2 dependant status and, under current policy, is employment-authorized incident to that status without a separate application. Keeping a child in school in Canada until June while a parent starts a United States enterprise is a scheduling problem, not an immigration shortcut. If the operating plan depends on a spouse supervising leased machinery, say so before filing, because the household's work would then rest on that person obtaining and maintaining applicable work authorization. Unmarried children under 21 may study in E-2 derivative status but may not work, and lose that status at 21.