The spouse may work, because an E-2 spouse is employment-authorized incident to status. Her work alone does not decide marginality; the business must show present or future capacity to generate more than a minimal living for the investor's family or make a significant economic contribution.
Authorized to work; marginality remains a separate test
After admission with the spouse annotation, the E-2 spouse holds employment authorization for any lawful work, including running the franchise's office, so scheduling and invoicing are permitted without a separate document. The marginality question is different. An enterprise is marginal if it lacks present or future capacity to generate more than enough income to provide a minimal living for the investor and family, or to make a significant economic contribution.
Employing the spouse alone does not establish that capacity; credible non-family hiring can support the projection, but it is not an independent legal requirement. Children under 21 hold E-2 derivative status, may attend school and may not work; a child who reaches 21 must qualify on their own. The spouse's own nationality is irrelevant to derivative status.
Keep the spouse's role in the plan as an operating detail and support the economic argument with realistic revenue, expense, compensation and hiring projections.