Not merely because of shared ownership. Identify the actual applicant and intended family category, then assess their genuine roles and eligibility.
Keep ownership and status distinct
A qualifying E spouse’s work benefit depends on valid status and evidence, while children lack that benefit solely as dependents. Do not infer status from the share register. The dependent framework generally covers a spouse and unmarried children under 21; each person must obtain and maintain the appropriate status.
If the existing business continues, someone has to manage it while the investor develops and directs the U.S. enterprise, and that person may be a family member whose own plans then change. Families in that position usually look at whether the young adult has an independent basis, at a student route, or at whether an immigrant category should be started by somebody in the family long before the birthday arrives. Keep proof of the marriage and each child's birth ready for the consular interview, and remember that E-2 gives the family no path to permanent residence on its own; if that is the goal, it should be discussed as a separate question.