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PARKLAND COUNTY · E-2 FIELD GUIDE

Can an E-2 spouse work for the acquired business solely because the purchase closes?

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THE DIRECT ANSWER

Closing does not create the spouse’s immigration work permission.

Check the spouse’s actual status

Eligible E spouses are generally work-authorized incident to valid spousal status; confirm the spouse-specific record before work. Unmarried children under 21 may qualify as dependants but do not receive employment permission from E dependent-child status. Ownership and dependent status are different questions.

On the enterprise side: signed purchase agreement, three years of financial statements and returns, the client management agreements, the payroll register and employment records, any lease or premises documents, licences held, and a business plan where current income needs supplementing to show capacity. Children stop qualifying as derivatives at twenty-one, and a treaty investment can run for many years, so a family with a teenager should assume that a separate status will eventually be needed and plan the timing rather than react to it. The principal investor must independently show treaty nationality, substantial funds irrevocably committed and at risk, a real nonmarginal business, and development and direction through at least half ownership or operational control.