Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Is L2 dependent eligible to work in USA but for employer from the country of origin?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is L2 dependent eligible to work in USA but for employer from the country of origin?

    My EAD is stuck (processing time is enormously huge) so I am exploring my options:
    Q1. Am I eligible to work being in USA but for employer from my country of origin?
    Q2. Am I eligible to work being outside of USA in my country of origin?( I suppose I am)


  • #2
    Hi,
    Please see my response below.
    Q1. Am I eligible to work being in USA but for employer from my country of origin?
    Answer: As per my knowledge, there is still no clarity on this. But, many people are doing and they are getting paid in their home country. For better clarity, you can have a discussion with Immigration Attorney.
    Q2. Am I eligible to work being outside of USA in my country of origin?( I suppose I am)
    Answer: So my understanding is, you will be working from your home country for home country Employer. If so, there is no problem at all. But, Please note, while your EAD is under process, if you are outside of the country then your EAD application may be denied.
    Thanks.

    Comment


    • #3
      1. This question is hard to answer because there are two murky issues here:
      a) whether it is unauthorized employment for someone without work authorization to work in the US remotely for a foreign company - most people say it is unauthorized employment, but there is no clear official statement on this anywhere. and
      b) whether an L2 spouse is technically authorized to work even before receiving an EAD - Some people have argued that this is the case, pointing to the statute and government agreement in litigation

      2. That would depend on the rules of the country where you will be located. You don't have US status when outside the US and the US has no restrictions on what you can do.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thank you for clearing this out guys!
        @rkk009 so I am going to lose EAD processing if I am outside of USA?
        I just not ready to wait for EAD for 15 month in a row ...I am an engineer what wants to apply my knowledge. So I am exploring what legal can be done for case like mine

        Comment


        • #5
          Originally posted by miss_Gala View Post
          Thank you for clearing this out guys!
          @rkk009 so I am going to lose EAD processing if I am outside of USA?
          I just not ready to wait for EAD for 15 month in a row ...I am an engineer what wants to apply my knowledge. So I am exploring what legal can be done for case like mine
          Hi,
          Yes. EAD can be filed and adjudicated while you are in the USA not when you are outside of the USA.
          Thanks

          Comment


          • #6
            Update: L2 spouses are now considered authorized to work without an EAD, so the answer to question 1 is definitely yes.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              The answer was always yes. The L2 visa is a work authorization while on US soil. It doesn't also require that the employer be US. That makes no sense and is not written in any law. Unlike of course the L1 where it clearly states it's an employee transfer visa to a US based employer that is the same as or affiliated with the foreign employer.

              Comment

              {{modal[0].title}}

              X

              {{modal[0].content}}

              {{promo.content}}

              Working...
              X