Read the general life across the border overview
A relative can be an owner, worker or intended immigrant, but the evidence for one role does not establish the others. Identify the proposed activity and relationship before relying on a family business plan.
Describe the work the relative would actually do
Hypothetical example: a spouse helps organize a business while a child is offered paid work. Record where each activity would occur and whether it involves providing services. TD does not authorize employment, including remote work while physically in the United States. A qualifying E or L spouse may work incident to valid status with appropriate documentation; an EAD is not universally required. Dependent children do not receive that spousal benefit. Ownership or a family connection cannot replace the individual authorization assessment.
Put relationship and age evidence in the personal file
The temporary dependent categories concern a qualifying spouse or unmarried child under 21. TD, E and L dependents may study while maintaining their applicable status, but enrollment does not extend that status or freeze the child’s eligibility. Ask which records establish the relationship and actual admission period rather than assuming that a school or employer has checked them. Immigrant CSPA protection is a different calculation using the real case dates and visa availability; investment or filing does not automatically preserve a child’s age.
Keep family inclusion out of the project-worker calculation
An eligible EB-5 derivative is not another principal investor merely by accompanying. Separately, the investor, spouse and sons or daughters are excluded from that investor’s qualifying worker count, including adult sons and daughters. A genuine payroll entry therefore need not be a qualifying EB-5 job. Gold Card recommends initial inclusion of intended eligible joining family, with separate published charges. In immigrant-visa entry, the principal must arrive before or with derivative relatives. Build travel around each person’s documentation instead of treating a business role or household budget as permission.
What else is on your mind?
Is a matching job title enough for TN?Can years of experience replace a degree for TN?Can my own U.S. company employ me under TN?Can my spouse work if I hold TN status?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.
- Department of State — TN professional workers
- USCIS — employment authorization for certain spouses
- ICE — nonimmigrant classes that may study
- USCIS — Child Status Protection Act
- Official Gold Card terms and FAQ
- Department of State — after the immigrant visa interview
- 8 CFR 204.6 — qualifying EB-5 employee definition