EAD for L-2 dependant

[go-fish]

Hello,

I have a couple of queries:-

1. I have read on some internet articles that L-2 visa holder does not require an actual EAD to accept paid employment. However, there is no clear understanding on the issue. Any thoughts on this issue?

2. Does an L-2 dependant need to be in the USA to apply for EAD if required or one can apply for it from outside USA and enter USA after it has been approved. EAD generally takes 2-3 months and may result in waiting without work( something not desired by someone who is working presently)

3. If one need to be in the USA for EAD application, is the application conisdered abandoned if if leaves the USA while the I-765 is pending?

Thanks

[pontevecchio]

1. Most local employers would not employ a person without EAD.

2. The EAD is a benefit of L2 status and hence you need to be here to apply.

3. No.

How does one get a job so readily without having worked here?

[Attorney_23]

USCIS takes the position that a person in L2 status must obtain an EAD before being permitted to work. The Social Security Administration, on the other hand, takes the position that no EAD is required. We recommend that our clients obtain an EAD to avoid any problem with USCIS in the future. In general, the applicant must be in the U.S. to apply for the EAD.

[go-fish]

1. Most local employers would not employ a person without EAD.

2. The EAD is a benefit of L2 status and hence you need to be here to apply.

3. No.

How does one get a job so readily without having worked here?

Thanks!

Regarding response to query 3. Pls can you elaborate. I used to be on F-1 OPT in USA and I recall that students were often recommended not to travel outside the US as one mentions the I-94 number in the I-765. And the number may become invalid after leaving the country which would result in abandoning of the application.

Based on your response, is it possible that a L-2 holder comes to the USA, submit a I-765, leave the country and still get the EAD approved?

[pontevecchio]

Yes.