Does anybody get a job without the EAD?

[federex1]

Is EAD really mandatory to work?
I did my own research and I find out that is not necessary.

In the other hand, I read in this forum that everybody states the oposite.

Also, I already have my SSN (without EAD, just proving I'm legally married to an L1).

SSA also mention that:
"NOTE: Although aliens listed under a COA in this section are employment authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working." (L2 is included on that list).

Does anybody get a job without the EAD? I don´t want to apply for it if is not strictly necessary. SSA says that is not, I don't know about the real world...

[raghvi]

SSA and USCIS dont talk the same language. You should go by USCIS :



It says clearly at the bottom :

1) The spouses of L-1 nonimmigrants are authorized to engage in employment, upon application to USCIS and receipt of an employment authorization document (EAD).

This is my opinion not legal advice.

[rayb]

To further expand on Raghvi's response to you...

An SSN number alone is not proof of eligiblity to work.

While it is true that an actual Employment Authorization Card may not be a requirement for CERTAIN visa types (K1 during first 90 days after entry, for example), employers may still protect themselves to check employability of applicants by checking directly with USCIS, and are within their rights to refuse to hire if they cannot get a clear answer from USCIS. The "E-Verify" procedure for eligibility is not perfect, but it provides the employer with some security that he is not going to be cited for hiring an ineligible alien.

--Ray B

[federex1]

I'm not saying that SSN is proof of elegibility, I'm just saying that I got it without EAD (as is said it was mandatory to get it).

It is not clear to me yet. I think that I will go for the EAD, but I have some job offers now, and still dont know if is definetely a no-go.

[kabkaba]

The letter of the law states that L2 spouses are authorized to work. But, USCIS has maintained that having an EAD in hand is necessary. So yes, if USCIS sues you for illegal employment, you may be able to win the case based on the law. But do you even want to go there?

Another complication is what document you will use as proof of work authorization for filing form I-9 when you start your employment. EAD is the only document that you can show, so most employers will not let you start without an EAD.

Why don't you want the EAD? It is a simple application, that takes about 2 months for processing. File it an get it out of the way.