Johnson Zhou Posted September 30, 2021 Report Share Posted September 30, 2021 See https://www.jdsupra.com/legalnews/let-l-2-and-e-spouses-work-without-an-2890307/#_edn2 which explains that by statue and USCIS regulation. L2/E spounse is authorized to accept employment “incident to status.” and do not require additonal DHS authorization. Appeal court decision in 2013 that says E-2 doesn't need EAD: http://www.irac.net/unpublished/kyung-lee-a089-047-352-bia-nov-5-2013/ in Nunez et al v. Director of the Texas Service Center, U.S. Citizenship and Immigration Services et al, USCIS denied adjustment of status because prior L-2 emplyoment without EAD, but folded immediately after a lawsuit is brought up. News coverage: https://thinkimmigration.org/blog/2021/03/19/employment-without-authorization-cause-i-dont-need-it/ It also looks like in a April 2007 AILA meeting with SSA and DHS demostrated that USCIS and SSA both agree that L2 is authroized to accept employment "incident to status" and the EAD is really only for I-9 purpose. I don't have the exact text to that since I don't have a AILA membership. SSA has long agreed that L2 does not need EAD and regularly issue SSN for L2 without EAD per https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1 Many employer would also accept foreign passport + L2 I94 + Marriage certificat citing this for I-9 purpose. Now I know it is best to apply for EAD. But with the EAD delays in COVID, it is possible that one has to lose their job for a long time waiting for EAD to arrive. Which can be more expensive than a legal fight against USCIS. I wonder what people think here. Quote Link to comment
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