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APPLICATION ANSWERS · E-2 FIELD GUIDE

Can my spouse transport and operate the equipment under TD status for a Chatham-Kent applicant?

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THE DIRECT ANSWER

TD does not authorize employment. Identify the actual activities and any required independent authorization rather than assuming family involvement permits business work.

Assess the person’s status rather than the shipment

Record who would move, install or operate the assets and where the work occurs. If a qualifying spouse instead holds valid E dependent status, the spousal work rule is different, with appropriate evidence required. Do not borrow that rule for a person in TD or extend it to dependent children. Commercial ownership does not settle work permission.

E-2 requires treaty nationality, a real enterprise, substantial capital committed irrevocably and exposed to commercial loss, and an operation that is not marginal. The investor must be able to develop and direct the enterprise. A first review should trace every proposed dollar or asset from lawful source to the enterprise, identify any lender, and mark whether the obligation is already binding. Start with ownership and bank records, then contracts, escrow terms, invoices, and the operating plan. Separate value from commitment and commitment from business viability. Applications weaken when an estimate is offered as payment evidence or when funds remain freely withdrawable at the decision point. Hypothetical example: A kayak-repair investor’s dependent child plans to take bookings and install replacement parts. A description of the child’s actual activities and status, rather than the family’s ownership of the shop, determines whether separate authorization is needed. The practical next step is to preserve the underlying record, identify any conflict in writing, and decide the sequence from the facts rather than from a preferred outcome.