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VERCHÈRES · E-2 FIELD GUIDE

Should my spouse start accepting U.S. job offers while the contract is being corrected?

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THE DIRECT ANSWER

A conditional offer can be explored while the contract is reviewed, but actual United States work requires a valid authorization. Qualifying E spouse status can provide it, with evidence such as an unexpired I-94 bearing E-2S; any independent work permission must be assessed separately. Neither the investor’s contract signature nor share ownership supplies that permission.

Keep the spouse's start date off the contract timeline

Family members can require their own process and their own eligibility findings, so nobody should assume the household travels or is approved on one shared date. Neither presence in the United States nor paying a household's expenses authorizes work. If a hypothetical employer wants a firm start, explain that the date depends on the spouse's own status evidence, not on the investor's closing. Plan schooling and coverage against the same uncertainty.

A spouse who continues working in Canada does not have to take dependent status at the same time as the principal. The file should show non-marginality through present income, a credible five-year forecast, or evidence of a significant economic contribution; staffing can support that showing but is not an independent minimum. The E-2 spouse is employment-authorized incident to status and may work anywhere; children may study but not work, and lose dependant status at 21.