An E-2 spouse is employment-authorized incident to status and may work, including in the enterprise. If both intend to be treated as investors, the ownership and the funds must support that.
Spousal work authorization is not the same as co-investment
Hypothetical example: There are two different arrangements here and they are often confused. One is that a single investor qualifies and the spouse accompanies in dependent status; that spouse is authorized to work by virtue of the status, whether in the family business or elsewhere. The other is that both spouses are treated as investors, which requires the ownership, the capital and the role in developing and directing the enterprise to be documented for each of them. Couples who assume the second arrangement without structuring for it sometimes find that only one has a documented role. Children in dependent status may study but are not employment-authorized, which matters when a family business has obvious work for a teenager to do.
Decide whether each family member will accompany the investor, study, work or remain abroad before the application is finalized. Hypothetical example: A specialist luthier workshop is being bought by one Canadian investor whose spouse expects to work for a different U.S. company. A qualifying E-2 spouse receives work authorization through that status, but the household should ensure the relationship and admission records are current. A dependent child's age and plans deserve the same early review.
Check current admission records after travel. A correct relationship does not overcome an incorrect classification or expiry date on an individual family member's record.