A qualifying E spouse may work incident to valid qualifying spousal status, with appropriate evidence. The business’s ownership or address does not by itself authorize the spouse.
Verify status before assigning the work
Check the spouse’s actual admission classification and validity and describe the intended activity. E dependent children do not receive the spouse’s employment benefit. Treat each family member’s status and responsibilities separately instead of assuming the startup can use all household members as workers.
If the family intends to relocate while the investor continues to run a Canadian business, be explicit about that with counsel, because it changes both the practical arrangements and the description of who is directing the American enterprise day to day. The principal must still establish treaty nationality, qualifying enterprise ownership, power to develop and direct through half ownership or genuine operational control, and substantial lawful capital that is irrevocably committed and at risk. Where the investor must supervise a build-out before status is settled, arrange for that supervision to be performed by someone already authorised to do it, so a family arrival does not create pressure to begin working early.