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VALEMOUNT · E-2 FIELD GUIDE

Can the spouse help reopen the business before their own work basis is established?

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THE DIRECT ANSWER

A private reopening plan is not immigration permission. A qualifying E spouse may work incident to valid status with appropriate evidence.

Plan staffing around actual authorization

Eligible dependents include a spouse and unmarried children under 21; children receive no spousal work benefit. Do not list anticipated family labour as existing lawful staffing without the actual facts.

Beyond the business file, keep the marriage certificate, the spouse's Canadian employment contract or resignation notice showing the expected end date, housing arrangements on both sides, and a travel record for the household. The principal must possess treaty nationality, place lawful funds irrevocably at risk in a substantial investment, and develop and direct a qualifying treaty-owned enterprise by holding half of it or exercising operational control. Note one point that surprises owners: owning the company does not by itself authorize you to perform work in the United States — the authorization comes from your status and its terms, which is exactly what repeated absences can put in question. Where the investor must supervise a build-out before status is settled, arrange for that supervision to be performed by someone already authorised to do it, so a family arrival does not create pressure to begin working early.