Ownership by two Canadian-citizen spouses satisfies the nationality test, and one spouse as the E-2 principal must be the person who develops and directs the enterprise. The file should show which spouse holds operational control and why, rather than presenting joint ownership as joint control.
Name the principal and show the authority they hold
The enterprise must be at least half owned by treaty nationals, and where two Canadian spouses own everything, that is met. The separate question is who the applicant is. The principal investor must be in a position to develop and direct the business, which is usually shown by majority ownership or, in a 50/50 case, by the operating agreement or bylaws giving that person the deciding role in management.
The other spouse would then apply as the E-2 dependant and is employment-authorized incident to status, so they can still work in the business. Draft the ownership and management documents with this in mind before closing, because rewriting them after the fact invites questions. If a U.S.
partner or the seller retains a stake or a veto, obtain the agreement and check whether it undermines control; a seller with the right to approve major decisions during an earn-out period can do exactly that.