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NORTH VANCOUVER (CITY) · EB-5 FIELD GUIDE

Can my spouse take a job at the new company while the case is pending?

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THE DIRECT ANSWER

Not by virtue of the petition. A pending investor petition confers no work or travel authorization on the investor or on family members. If the household depends on a second income, ask counsel to assess the spouse's own position separately and to identify any status that would permit employment during the wait.

Budget the household as though neither parent is paid

Model the family's living costs through the whole pending period without income from the U.S. enterprise. That exercise usually reveals whether the launch timetable is realistic or whether the business needs a manager on salary from day one.

Record each family member's current status, travel plans, and school year, and note that eligible derivatives are a spouse and unmarried children under twenty-one. Ask which household decisions must wait for an actual authorization document. Model the family's living costs across the whole pending period without any income from the enterprise, because a pending petition confers no work or travel authorisation on the investor or on any family member.

That exercise usually reveals whether the launch timetable is realistic or whether the business needs a manager on salary from the first day. Record each family member's current status, travel plans, and school year, noting that eligible derivatives are a spouse and unmarried children under twenty-one. Where the household depends on a second income, ask counsel to assess the spouse's own position separately and to identify any status that would permit employment during the wait.