That choice depends on each person’s eligibility, role and intended activity; equal marital ownership does not dictate a single filing approach. Assess the principal-investor and dependent options against the actual facts.
Separate ownership from derivative status
A spouse in valid E-2 or E-2S dependent status is generally work authorized incident to status, while a principal investor must independently satisfy the requirements of that classification. Unmarried children under 21 may seek dependent status without work authorization. Review who will hold control and how the enterprise is owned rather than assuming marriage automatically resolves the applicant roles.
Check each spouse position separately before deciding who applies, because the roles are not interchangeable and the choice is difficult to revisit later. A principal investor must independently satisfy the requirements of that classification, including developing and directing the enterprise. A spouse in valid E-2 or E-2S dependent status is generally work authorized incident to status, which is a broad permission obtained without meeting the investor requirements.
Unmarried children under 21 may seek dependent status and are not work authorized. Review who will actually hold control and how the enterprise is owned rather than assuming that equal marital ownership settles which spouse should file. Decide the applicant roles before either spouse books an appointment.