Each individual investor's own eligibility, including nationality and actual role in developing and directing the enterprise, needs to be assessed separately, even within a family-owned business.
Review each family investor's role individually
Avoid assuming that one family member's approval automatically extends to others; each proposed investor's documentation and actual authority should be reviewed on its own facts. The dependent framework generally covers a spouse and unmarried children under 21; each person must obtain and maintain the appropriate status. A person may instead qualify as the investor’s spouse, with employment authorization incident to valid E spouse status and appropriate evidence; this is different from proving a second principal investor case.
Often significantly, because a distribution taken to fund the U.S. business is money no longer available as ongoing household income, and the new enterprise may not pay anyone early. List nationality, percentage, voting power, and management rights for each owner; separately record every relative’s relationship, citizenship, age, and intended activity. Shares issued to reflect a contribution of money have one effect on the nationality analysis; shares issued for estate planning or family fairness have the same effect, whatever the intention behind them.