Is EAD mandatory for working on L2 Visa status?

[grk23]

I went to this link https://s044a90.ssa.gov/apps10/poms....pendocument#c1

It states that for a L2 visa EAD is not mandatory.

A couple of my friends got SSN without applying for EAD.

Would like to know if there is a concrete answer from anybody or anybody who says that he/she worked on SSN (on L2 visa) w/o EAD.

Thanks in advance.

**** **** **** **** **** **** ***
to whom soever :not a legal advice, use at your own risk.

[DMX17]

I think that means an EAD is not mendatory to apply for an SSN. Having an SSN does not make you eligible to work. You have to have proper work authorization. For L2 holder, this authorization comes as the EAD. EAD is a must-have. L2 cannot work without a valid EAD.

[grk23]

I think that means an EAD is not mendatory to apply for an SSN. Having an SSN does not make you eligible to work. You have to have proper work authorization. For L2 holder, this authorization comes as the EAD. EAD is a must-have. L2 cannot work without a valid EAD.

Hi,
As per the document, it states that :

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (indicating the marriage occurred prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

**** **** **** **** **** **** ***
to whom soever :not a legal advice, use at your own risk.

[txh1b]

I am not sure what the issue here is.

SSA will issue SSN based on visa category. For L2, SSA will issue SSN even without physical possession of EAD in hand.

But to work, you need EAD in your hand as SSN issued will only be useful to work with express authorization from DHS to work.

[grk23]

I am not sure what the issue here is.

SSA will issue SSN based on visa category. For L2, SSA will issue SSN even without physical possession of EAD in hand.

But to work, you need EAD in your hand as SSN issued will only be useful to work with express authorization from DHS to work.

Hi,

Could you please help me in understanding what does "SSN issued will only be useful to work with express authorization from DHS to work" mean

Thanks in Advance...

[txh1b]

SSN is issued with an annotation saying "Valid for work with DHS Authorization" if the SSA official does a good job for all aliens that qualify for a SSN. Qualifying for a SSN does not mean that SSN can be used for work.

For example, every H1b holder has a SSN issued. But they cannot go out and accept employment from every TDH. They need authorization to work in the form of a H1b approval or EAD card from a pending I485 etc.

Same thing applies for a L2 holder. Getting a SSN is different and having authorization comes with EAD card to work for a L2 holder.

[DMX17]

Is the issue here about saving money? OR is it a "curiosity killed the cat" thing?

[as123]

SSN is issued with an annotation saying "Valid for work with DHS Authorization" if the SSA official does a good job for all aliens that qualify for a SSN. Qualifying for a SSN does not mean that SSN can be used for work.

For example, every H1b holder has a SSN issued. But they cannot go out and accept employment from every TDH. They need authorization to work in the form of a H1b approval or EAD card from a pending I485 etc.

Same thing applies for a L2 holder. Getting a SSN is different and having authorization comes with EAD card to work for a L2 holder.

I am agreed with what u say.."To work on L2 need an EAD",
but the doc from "https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500!opendocument#c1" says, For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so

Please comment on it.
Its not a question of money its all about time b'coz EAD takes around 90 days.

[jinneebhat]

I am agreed with what u say.."To work on L2 need an EAD",
but the doc from "https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500!opendocument#c1" says, For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so

Please comment on it.
Its not a question of money its all about time b'coz EAD takes around 90 days.

There are some contradicting webpages but for sure one requires an EAD to work when on L2. There is no denying that even the hiring company would ask for the same. EAD hardly takes 3-4 weeks to come. Its always better to wait that long rather than take a risk.

[DMX17]

“A person who has received a visa as the spouse or child of a temporary worker (a petition-based NIV), may not accept employment in the United States (with the exception of spouses of L-1 visa holders - L-2 spouses may engage in employment with an "employment authorized" endorsement or appropriate work permit.”

http://travel.state.gov/visa/temp/types/types_1271.html

Read section B here:

http://www.uscis.gov/files/pressrelease/E_LEmpAuthPub.pdf

I think people are confusing this ""employment authorized" endorsement phrase. I read this endorsement come from "Attorney General". But How?

[txh1b]

What SSA says is not true. USCIS wins over SSA in terms of eligibility to work and authorization. Refer to USCIS documents than what SSA says.

EAD is mandatory to work on L2.

Thanks for the links DMX. The second link is clear on the "How part"

One thing that bothers me is USCIS website mentions about the interim EAD after 90 days while none of the local USCIS offices can issue one.

[DMX17]

I hope the cat is dead.

[grk23]

I hope the cat is dead.

Hi,

The cat is alive ...

Just now, my friend checked with the local SSN office, the officer has confirmed that, SSN is enough to work ...No need of separate EAD...

http:/policy.ssa.gov/poms.nsf/links/0100203500

RM 00203.500 - Employment Authorization for Nonimmigrants - 03/26/2008

Thank you all for your guidance....

**** **** **** **** **** **** ***
to whom soever :not a legal advice, use at your own risk.

[txh1b]

What SSA says is irrelevant. USCIS is the governing authority. Your friend is risking his future stay in the US. The policy is purely for the issuance of SSN to the alien, not to determine if a person can work without EAD.

Good luck to him and he is on the road to work without authorization.

Show us something from USCIS. Until then, I rest.

[JyothiReddy]

EAD is compulsory to work on L2 also SSN to get paid for the work done.working without anything is illegal..i know one of my frnds who worked with out EAD and SSN ending with out payment for the hardwork because they cant pay in cash.

also while joining any company(most of the times)they ask for the employment eligibility verification(form I-9) which will be issued from INS as a proof for establishing Identity(drivers license) and Employment Eligibility(SSN,EAD) among others include Certification of naturalisation,U.S. passport,Certificate of U.S citizenship etc which an L2 visa holder cant get by this time(ignore if am wrong)

an L2 visa holder can present only SSN,EAD,Drivers license as a proof, nothing more than that from the list of acceptable documents.

and it is up to the person who is doing/going for job without SSN/EAD...pity them if they cant change their minds reading/knowing about this fully coz they are inviting the risk by doing so.