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FORT ERIE · E-2 FIELD GUIDE

Must a spouse perform every task not yet contracted out?

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THE DIRECT ANSWER

No. Do not invent a spouse’s role to complete the plan. A qualifying E spouse’s work benefit depends on valid status and appropriate evidence; children lack it solely as dependents.

Describe real household intentions

Identify actual responsibilities and any intended work. The principal’s development-and-direction requirement remains separate. The dependent category is for a qualifying spouse or unmarried child under 21; each person needs valid status.

An E-2 spouse is employment-authorized incident to status, which means the authorization exists once the spouse holds that classification — it does not reach backwards to cover services performed while an application is pending, and it is not attached to a visitor. If the spouse wants a principal E-2 claim, independently test treaty nationality, ownership of 50 percent or more, or genuine operational control, and responsibility to develop and direct the enterprise. 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. Where a spouse intends to work, confirm what documentation an employer will accept and when it can realistically be produced, since authorization incident to status still has to be evidenced to a payroll department.