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OSLER · E-2 FIELD GUIDE

Can the family living reserve be treated as business investment too?

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THE DIRECT ANSWER

Do not count the same money inconsistently. Household reserves and qualifying enterprise capital need their actual purposes explained.

Keep family status separate

A qualifying E spouse’s work benefit depends on valid status and evidence, not the reserve label.

The commercial file holds the purchase agreement, the lease assignment, licensing and any franchise consent; the household file holds school enrolment, housing, and the dates the family expects to move. Until the family holds appropriate E status, the purchase option supplies no permission to manage staff, serve customers, sign routine contracts, or perform remote operational work from the United States. Do not confuse dependent permission with principal eligibility: investor and enterprise need treaty nationality, at least 50 percent treaty-national ownership, direction through ownership or operational control, and committed at-risk capital in a real, nonmarginal venture. Children admitted as dependants may generally study, but that permission does not extend to employment however informal the setting, and a weekend role in the family business is exactly where this gets tested. Explain whether the spouse holds real decision rights and how they affect the principal’s development-and-direction claim instead of using a family title to conceal unresolved control.