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    gowrisha's Avatar
    gowrisha Posts: 2, Reputation: 0
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    #1

    Nov 17, 2010, 04:19 PM
    Abt EAD for L2 visa Holder
    I have gone through many forums and post regarding L2 visa and EAD.

    Most of the people say that EAD is required to work in USA if a person is on L2 visa.

    However some of the sites state that rule has changed and L2 spouse can work in USA without EAD.

    Is this true? Can anyone provide me an official link which states that EAD is NOT required for L2 Spouse to work in USA.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #2

    Nov 17, 2010, 05:04 PM

    not true.

    You must have an EAD to work lawfully as an L-2. the origination of this misinformation was based on 2 things, (1) the L-2 spouse is eligible for a SSN and (2) a SSA POMS (Program Operations manual System) entry that noted some USCIS visa classifications were "employment authorized" based on the actual visa classification, and it noted the L-2 as one of them. But, the SSA does not have authority to make such a determination, only the DHS via USCIS.

    To confirm the USCIS position Google the 2002 Yates memo regarding the most recent EAD guidance and you will see that the USCIS requires the L-2 EAD for authorized employment.

    File an I-751. Do not work unlawfully simply because you can get an SSN. Confirm this with an experienced business immigration attorney, but most will not know about this specific issue. Check with AILA for a referral.
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