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SPRUCE GROVE · E-2 FIELD GUIDE

Does a spouse who owns the property automatically have permission to operate the E-2 business?

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THE DIRECT ANSWER

No. Property ownership and immigration work authorization are different. Identify the spouse’s actual role and valid classification.

Separate landlord, investor and worker roles

A qualifying E spouse may work incident to valid dependent status with applicable evidence, but a deed or property-company interest does not establish that status. Children do not receive the spouse work benefit. Explain any intended operating work separately from passive ownership and review the actual activity rather than assuming a family property arrangement authorizes everyone to run the business. Dependent eligibility concerns an eligible spouse and unmarried children under 21; assess the individual status and authorized period.

The principal must show treaty nationality, qualifying enterprise nationality, irrevocably committed at-risk funds, substantiality, a real nonmarginal operation, and development and direction through half ownership or operational control. Keep a second household plan alive until the enterprise question has an answer, because schooling, housing, and a spouse's employment plans all depend on an application that may not proceed if the holding turns out to be passive. Keep proof of the marriage and each child's birth ready for the consular interview, and remember that E-2 gives the family no path to permanent residence on its own; if that is the goal, it should be discussed as a separate question.