L2 visa and ead being employed outside us and then working in us

[Abhishek Neha]

Hello all

consider the following scenario

i have a valid l2 visa and also ead card which is valid.

Now suppose a company x hires me as its indian employee.

Can the company send me to work in its us office based on my l2 visa and ead . And am i elegible to work h in us based on it.

Is it valid and legal?

[nicoeppersma]

Hello all

consider the following scenario

i have a valid l2 visa and also ead card which is valid.

Now suppose a company x hires me as its indian employee.

Can the company send me to work in its us office based on my l2 visa and ead . And am i elegible to work h in us based on it.

Is it valid and legal?

Yes, your marriage based L-2 visa is already sufficient as work authorization. Your EAD will make it easier for employers who participate in E-Verify, but is not mandatory.

[Abhishek Neha]

Yes, your marriage based L-2 visa is already sufficient as work authorization. Your EAD will make it easier for employers who participate in E-Verify, but is not mandatory.

Many Thanks for the reply but I think you dindt get the question correctly. Let me explain it in more detailed way.

My spouse works in company A and has L1 visa .
I get the L2 visa based on the status of my spouse. i also file for the EAD and get it.
Now i go to india . I join an MNC with operations in US . Let us say this as company B.

Now can this company send me to US (company B) to work on some project.

Is this valid and legal?

Thanks a ton in advance. Waiting for the reply.

[nicoeppersma]

Many Thanks for the reply but I think you dindt get the question correctly. Let me explain it in more detailed way.

My spouse works in company A and has L1 visa .
I get the L2 visa based on the status of my spouse. i also file for the EAD and get it.
Now i go to india . I join an MNC with operations in US . Let us say this as company B.

Now can this company send me to US (company B) to work on some project.

Is this valid and legal?

Thanks a ton in advance. Waiting for the reply.

Yes, as long as your spouse holds a valid L1+petition, you can work for any employer in the U.S. The fact that you have an EAD will only make this easier.

[kabkaba]

Yes, your marriage based L-2 visa is already sufficient as work authorization. Your EAD will make it easier for employers who participate in E-Verify, but is not mandatory.

That is not correct. USCIS has made a clarification on this issue that EAD is essential for an L2 person to work. The person can work in any position for any employer in that case.

[nicoeppersma]

That is not correct. USCIS has made a clarification on this issue that EAD is essential for an L2 person to work. The person can work in any position for any employer in that case.

The USCIS does not have jurisdiction over this question. The Social Security Administration have made it very clear that spouses of L-1 visa holders, while holding L-2 classification, are authorized for work without requiring an EAD:

The alien must submit either:

an EAD (Form I-766) showing “A-18” under Category; or

evidence other than an EAD that proves the L-2’s lawful alien status (e.g., I-94) and a marriage document as evidence that he or she is the spouse of the principal L-1 alien.

USCIS may still require an EAD for the I-9. However, the I-94 and passport are sufficient (list A, category 5).

When my wife was in L-2 status without an EAD, I checked this using the E-verify self-check.

The status on this question has been reconfirmed this month.

In short, while I agree that using an EAD is better, it is not an absolute requirement

[kabkaba]

Yes, this is a matter of contention. But USCIS does indeed have the final authority. SSA has nothing to do with this, the link that you posted only something they check when they issue SSN. So they don't need EAD to issue an SSN.

Although the law states that L2 dependents have work authorization by virtue of their status, USCIS has taken the position that EAD is necessary.
Also, when it comes to evaluating whether someone has engaged in illegal employment or not it is done by DHS and not SSA. USCIS is part of the DHS.

[nicoeppersma]

Yes, this is a matter of contention. But USCIS does indeed have the final authority. SSA has nothing to do with this, the link that you posted only something they check when they issue SSN. So they don't need EAD to issue an SSN.

Although the law states that L2 dependents have work authorization by virtue of their status, USCIS has taken the position that EAD is necessary.
Also, when it comes to evaluating whether someone has engaged in illegal employment or not it is done by DHS and not SSA. USCIS is part of the DHS.

You know what, let me write some internet history here.

I was wrong.

While looking for evidence to support my position, I actually found proof of the opposite. INA Act 214(c)(1)(e) says the following:

(E) 1c/ In the case of an alien spouse admitted under section 101(a)(15)(L) , who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an `employment authorized' endorsement or other apprpriate(sic) work permit.

So while in theory the I-94 classification can be sufficient, the law states that an EAD must be provided. My guess is that this is due to the dual nature of the L-2 visa: both employment authorized and non-authorized non-immigrants can be classified as an L-2 (children, for example).

[Sani Misra]

I have this same question...

I have this same question so instead of creating a new thread, I am using this one to ask my question.

I have read the discussion above and I guess the question is not "If EAD is necessary or not" . Question is "If it is allowed to work for INDIAN employer while on L2 visa in US".

L2 visa holder can get "work permit". But does that work permit allow you to work for an employer "OUTSIDE US"?
Or that work permit is only restricted to "US EMPLOYER"?

[Libra_14]

"If it is allowed to work for INDIAN employer while on L2 visa in US".
L2 visa holder can get "work permit". But does that work permit allow you to work for an employer "OUTSIDE US"?
Or that work permit is only restricted to "US EMPLOYER"?

Doesn't matter the company is located in US or not, what matters is where you getting paid & in what currency.

If you stays in USA, get paid in dollars & file for your taxes in USA - you should be good.