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FERLAND-ET-BOILLEAU · E-2 FIELD GUIDE

Can my spouse from Ferland-et-Boilleau supervise the US supplier while the investor case is pending?

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THE DIRECT ANSWER

The supplier relationship does not provide the spouse’s US work authorization.

Review the intended activity before performing it

A qualifying E spouse may work incident to appropriate status with required evidence. Ownership, a pending application or describing the work as family assistance does not itself establish that permission.

Separate ownership rights, business planning, and authorized US work. A spouse should not direct supplier employees, approve production, negotiate orders, or perform quality checks in the United States merely because the family owns the enterprise or an E-2 application is pending. A qualifying E spouse is generally employment-authorized incident to valid status, so admission and the evidence of classification should be secured before productive services begin. Children do not receive that spousal employment benefit. The principal investor must independently show treaty nationality, substantial funds irrevocably committed and at risk, a real nonmarginal business, and development and direction through at least half ownership or operational control. Build a fallback operating plan for the supplier until each person has permission. Remember that E-2 classification offers no direct green-card route.

Hypothetical example: A specialty-food importer proposed by a family near Ferland-et-Boilleau retains a US packer. While the principal’s case is pending, the spouse limits discussions from Canada to ownership planning and postpones on-site production supervision until obtaining appropriate E status and confirming the admission record.