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APPLICATION ANSWERS · E-2 FIELD GUIDE

Drummondville: Can the spouse operate the new business before obtaining qualifying status?

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THE DIRECT ANSWER

A business investment does not itself establish the spouse’s permission. Qualifying E spouses may be employment-authorized incident to status with appropriate documentation.

Review the individual facts

Identify actual status and intended duties. Children do not receive employment permission solely through E dependent status.

Build a dated review file around each person's passport, relationship evidence, status plans, school plans, and separate employment facts. Prepare one activity plan per relative, recording relationship, age, intended E status, admission evidence, schooling, and any compensated or operational role. Its practical purpose is to decide how the investor's enterprise plan interacts with each accompanying person's own permitted activity, rather than to collect papers with no stated issue. Hypothetical example: an investor opening an indoor climbing gym expects a spouse to manage memberships and a child to receive a paid social-media role. Analyze the spouse’s membership-management duties under qualifying E-2 spousal status, while recognizing that dependent children receive no employment authorization through E status. Verify each family member’s classification before travel, distinguish studying from working, and assign business duties only where that person has employment permission. A recurring problem is assuming that family ownership, schooling, or a shared address decides work permission. The investor's capital must be committed beyond easy withdrawal and exposed to commercial loss. The enterprise must be real and not marginal, while the investor must develop and direct it; E-2 itself does not provide a permanent-residence outcome. Review the household plan anew if the spouse’s status, a child’s age, proposed compensation, school activity, or enterprise role changes.