A spouse’s actual ownership may count toward the relevant enterprise-nationality test if the spouse holds the treaty nationality supporting this case. Ownership must be genuine and the principal must retain the required develop-and-direct role; a nominal transfer is not a solution. Derivative spouse eligibility and work authorization are separate from the decision to hold shares.
Keep share ownership and work authorization apart
Assess the spouse’s derivative eligibility and work evidence separately from the share transfer. Valid qualifying E spouse status can authorize employment incident to status, documented by an unexpired I-94 with E-2S or other applicable proof. Any independent work authorization needs its own assessment. Eligible unmarried children under 21 may accompany, but their E dependent status supplies no work authorization.
Commercial interest does not establish the spouse’s US employment permission. Write down who will hold shares, who signs the broker engagement, and who intends to work in the business. List the person, employer or enterprise, authority, place of activity, dates, money or compensation, and the record supporting each item. The operating review should test who will direct the business after arrival and how it will move beyond supporting only the investor’s household. The recurring error is using marriage to fill a missing nationality, ownership, or authorization fact.