Must we need EAD for L2 visa holders?

[deepak_k_j]

Is it legally mandatory to have EAD to work on L2 visa or is it just an optional requirement if employer insists to see the card?

I am asking this question in the light of the below information present on the SSN website:

https://secure.ssa.g...opendocument#c1

This web site very clearly states under the section G-1 that L2 along with some other visas does not require DHS authorization and EAD may be needed if employer insists on seeing one. (and then it goes on explaining the procedure for applying the SSN for such visa workers). Also please note that this page was revised in 2011 but this section has never changed (at least since 2009). It seems that SSN department is referring to some substantial fact from USCIS records which is not published or easily searchable using USCIS web site. The argument can be that here SSN office is just clarifying their procedures to issue SSN cards but if this information is wrong then SSN office has been issuing SSN cards in the light of a wrongly interpreted law (they are very clearly stating that since DHS authorization is not needed, hence issue them SSN cards with some supplementary evidence proof such as marriage certificate, etc. without insisting the SSN card)

The employer's I-9 form has to provide the evidence for work authorization but the form's last section also states the work visas which is also used for H1, L1, etc type of visas where the EAD is not issued. Since I-9 form is also used for such visa categories where EAD is not needed and not issued, I am not sure if this is a correct logic to say that employer must have EAD to satisfy I-9 form requirement.

Also, the SSN cards for H1, L1 and also L2 state the same that "valid for work only with DHS authorization" but H1/L1 do not need EAD and are authorized to work by the virtue of having just the valid visa. Hence this can not be taken as the confirmation either.

Could Murthy's or someone please comment on this information if there is any confirmation from USCIS to support what we see in the above web site. If there is no other information available, what is the way to find out why SSN dept. has stated this information.

[Attorney_23]

This is a grey area of the law. However, we recommend to our clients in L-2 status that they first obtain an EAD if they wish to work.

[livliv]

Also, the requirements that you mention are for obtaining SSN. Yes, EAD is not required for that.

But USCIS has maintained the interpretation that EAD is necessary for working.

[livliv]

In case of H1/L1, the petition approval notice issued by USCIS has the work authorization clearly mentioned.

The notation on SS card is to clarify that SS card itself is not sufficient to prove authorization. USC's and LPR's get SS cards without any annotation and they can use that to satisfy I-9 requirements. Non-immigrants need a separate authorization.