Keeping a Government of Canada position while living in the United States is a question for the spouse's department and any applicable collective agreement or leave-without-pay policy, not something E-2 approval alone resolves. Separately, a qualifying E spouse is employment-authorized incident to status for work performed in the United States, but continuing to perform Canadian federal public service duties remotely from the U.S. raises its own employment, security-clearance and tax questions that need independent review.
Treat the employer relationship and the immigration status as separate questions
Confirm with the spouse's department whether remote work, leave without pay, or a formal international assignment is available, since federal employment policies vary by department and may involve security-clearance or workplace-location restrictions distinct from anything E-2 status resolves. If the spouse instead intends to seek work in the United States, document that separately from the departmental question, and identify each family member's citizenship, because another citizenship may affect a person’s own category options; do not infer the household’s citizenship from its employer or place of residence. Eligible dependents generally include a spouse and unmarried children under 21. Children do not receive the qualifying E spouse’s employment permission; the spouse needs actual appropriate status and evidence.
Separate enterprise eligibility from each relative’s activity. Investor and enterprise require treaty nationality, including ownership of at least 50 percent by treaty nationals; Canadian permanent residence is not citizenship. A qualifying E-2 spouse is employment-authorized incident to status, while a child gets no corresponding permission. Record passports, relationship evidence, admission classifications, children’s ages, and intended work or study. E-2 offers no direct path to permanent residence, so assess longer-term objectives independently. The recurring mistake is assuming the investor’s nationality, an employer’s approval, or dependent status gives everyone identical rights.
Hypothetical example: an Ottawa dental-laboratory owner qualifies through Canadian citizenship and plans to relocate with a museum-archivist spouse and university-age child. The spouse’s department authorizes leave but cannot decide U.S. work permission. After entry, the spouse should verify qualifying E status before accepting archival consulting. The child may study as a dependent but needs separate DHS authorization for employment. The family should calendar status validity and discuss permanent-residence goals apart from the venture.