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STONY PLAIN · E-2 FIELD GUIDE

Does listing both spouses as escrow depositors authorize both to run the E-2 business?

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THE DIRECT ANSWER

No. Payment roles and work permission are separate. Each person’s actual classification and intended activity must be assessed.

Plan ownership and employment separately

A qualifying E spouse may work incident to valid status with appropriate evidence; an eligible unmarried child under 21 does not receive that spouse authorization. Determine who is the principal investor and how that person will develop and direct the enterprise. Joint funding alone neither supplies principal eligibility nor grants dependent admission.

Often significantly, because a distribution taken to fund the U.S. business is money no longer available as ongoing household income, and the new enterprise may not pay anyone early. The first review should produce a household activity plan distinguishing investment proof from permission to manage, work, study, or travel.; each conclusion should point to the record that settles it. The review should list each relative’s passport, relationship record, age, intended activity and timing, then compare those facts with the available derivative process. The shared limitation is the one that shapes long-term planning: E-2 is a nonimmigrant category tied to the enterprise, renewable while the business continues to qualify, but it does not itself lead to permanent residence.