Can I work in US under "visa waiver program" while awaiting EAD on L2 visa?

[simonb]

Folks,

Ireland is a participant in the US "Non-Immigrant Visa Waiver Program"

Under this arrangement, I can (and have *many* times) travel to the US and perform work for my company, provided I do not do so for more than 90 days.

I will be moving from Ireland to the US later this year. My wife will have an L1 visa, and will have an L2 visa. When I arrive, I will apply immediately for an EAD, but know that can take a few months.

While I am waiting for the EAD to process, will I still be entitled to work (for up to 90 days) for my Irish employer, under the visa waiver program? Or will having an L2 visa, and applying for an EAD, remove my right to work during that time?

Basically my concern is whether being on the L2 visa, awaiting the EAD, negates the right to work for the Irish company under the visa waiver program while in the US.

Once I get the EAD, I will transfer from the Irish company to our US subsidiary, so I will be employed and paid by a US company, paying tax in the US, etc.

Sincere thanks in advance for any advice/input.

[simonb]

Answer: NO I CANNOT

Folks,

Just for info, to help anyone else in a similar situation, I got confirmation from our lawyers that this is not possible.

You cannot enter the US under the Visa Waiver Program (or ESTA) in order to do the work you would normally do at home for your company (regardless of any L1/L2/EAD applications). There are very specific types of work that you are ever permitted to do on an ESTA / without a visa, such as attending a conference or training, or negotiating with a customer. Going to the US on an ESTA while you are waiting for the EAD to process, and working in the US in the meantime, is absolutely not allowed.

What I will have to do is: get the L2 visa; go to the US, and while there apply for the EAD; leave the US to continue working at home while the EAD is being processed; once I get the EAD, move to the US and work there for our US affiliate.

Hope this helps someone else.

Simon