EAD for Spouse

[GSM1989]

I wanted guidance regarding work permit for my spouse – who is on L2 VISA with me here on L1B.

As per latest USICS Immigration services update, L-2 spouses will no longer have to apply for work authorization and need an EAD (Employment Authorization Document) as proof in order to work in the United States.

Is this right and implemented by law? If yes, may be, she can start looking for job immediately.

Does her I-94 need to mention anything specifically related to work permit?

[newacct]

It is legal for her to work, but she will not be able to work as an employee right now without an EAD.

The recent guidance made L2 spouses authorized to work incident to status. That means if she somehow works, it won't be unauthorized employment. If she does work in a way that does not require an I-9, e.g. if she is self-employed, works as an independent contractor, or works for a foreign company, she would generally not be asked to complete an I-9, in which case she would have no problem working.

But if she wants to start work as an employee, the company would require her to complete the I-9 immediately upon starting work, and she does not have the documents to satisfy the I-9 right now. In the future, they plan to issue L2 spouses I-94s that specifically indicate that they are L2 spouses (instead of L2 children), and those I-94s would be proof of work authorization for the I-9. However, as far as I know, they have not started issuing such I-94s yet, and any L2 I-94 that has been issued so far is not proof of work authorization for the I-9. So any company that correctly follows the I-9 requirements should not let her start work on her current I-94 without an EAD.