The actual ownership and transfer arrangement should be established rather than assumed from marriage.
Separate funding from immigration permission
Explain a genuine gift, joint ownership or other applicable arrangement with appropriate evidence. A qualifying E spouse may work incident to valid status with the required evidence; unmarried dependent children under 21 do not receive that employment permission. Funding does not itself establish status.
The principal must show treaty nationality, qualifying enterprise nationality, irrevocably committed at-risk funds, substantiality, a real nonmarginal operation, and development and direction through half ownership or operational control. 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. If the investor plans U.S. development work, assess the necessary work authorization separately; owning or transferring intellectual property does not grant permission to perform that work in the United States. The specific failure worth naming is a relative who begins working in the enterprise because the family owns it, without authorization of their own — a problem created by ownership being mistaken for permission.