Aug 4, 2011

L2 EAD EVerify SSN - Questions?

Well…

There was quite some confusion that is/was going on in my & my wife’s mind about the process of having L2, applying for EAD etc.

-          It was pretty clear that the 1st step with L2 was to apply for EAD, if we need to work. After EAD is available, SSN need to be applied.

-          So, went with the same.

-          Now, some companies started reverting back that EAD is now becoming non-mandatory.

-          Here is one link on the same - www.detroitaccueil.com/avant-partir/texte-officiel.doc

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (indicating the marriage occurred prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

-          Cross checked on other links – Nothing helpful

http://forums.immigration.com/showthread.php?251256-L2-visa-holder-do-not-require-EAD-anymore

http://www.immihelp.com/forum/archive/index.php/t-41910.html

http://e-2california.com/node/67

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4174093861&m=7541051302

http://dhsretrospectivereview.ideascale.com/a/dtd/117275-12711

http://www.avvo.com/legal-answers/can-my-wife-apply-for-ssn-on-l2-visa-and-withouth--168495.html

-          The company’s point is, within 1st 3 days of joining as employee, we anyways will need to close i9 form. As part of i9, we can do E Verify too which in facts makes it very clear from the government that L2 visa holder is having valid employment authorization.

-          But in order to E Verify, we need SSN. Because the E Verify does cross verify the details from SSN office & I9 form.

-          So, went ahead for SSN without EAD but with Passport & Marriage details.

SSN officer is very clear that L2 visa holders are eligible to work. SSN application was processed without any issues. EAD is something which an employer can ask for but not required. And confirmed the details from another link - https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420.

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