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PETIT-SAGUENAY · E-2 FIELD GUIDE

From Petit-Saguenay, does contributing the funds give my spouse immediate US work rights?

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THE DIRECT ANSWER

Funding the investment and having US work authorization are separate matters.

Establish status before operational work

Qualifying E spouses may work incident to appropriate status with required evidence. A contribution, ownership interest or pending application does not itself authorize the spouse to operate the US enterprise.

Keep contribution, ownership, immigration status, and permission to work as four separate questions. A spouse may supply funds without thereby receiving authority to operate the American company. After admission in qualifying E derivative status, an E spouse is employment-authorized incident to status with appropriate evidence; a pending application or capital transfer alone is not enough. The principal needs treaty nationality and the enterprise needs qualifying treaty-country ownership. Capital must be lawful, substantial for the venture, irrevocably committed, and genuinely at risk in a real, operating, non-marginal business. Development and direction ordinarily require at least 50 percent ownership or another form of operational control. Family members should also plan with the understanding that the E-2 classification does not directly lead to a green card.

Hypothetical example: A cabinetmaker near Petit-Saguenay and a spouse fund an American woodworking studio together. Their ledger identifies each contribution, while the operating agreement states who controls purchasing, pricing, and hiring. The spouse does not install cabinetry, negotiate customer orders, or manage the shop during a preliminary visit merely because money was contributed. Once proper derivative E status is obtained, the spouse confirms the personal admission record before joining operations. The couple avoids counting the funds twice.