L2 work without EAD - problem in Green card?

Hello Anil!
In 2009 I was in USA as an L2. I worked for a multinational (think BIG like they are in each and every country) company while on L2, but some months I worked without EAD, before getting it.

Returned to my country of origin without overstaying my visa because it did not work out. Later on in 2016 I renewed my b1/b2 without incident.

Now, 10 years later, I have a PERM that has been approved (I’m primary) and will soon submit I140.
I wonder if that will cause a problem for me when filling ds 260 for consular since I need to disclose all jobs in last 10 years. Will they find out?
Thanks in advance,

How were you paid while you were working in US without EAD?

I was paid by direct deposit

Are you serious? Who’s SSN was it? Your own SSN was used to run your payroll?

Or just a person to person transfer?

It was my own SS.

At the time, I did not know that I was not supposed to work without EAD, and later on in the year I did get the EAD, also when we renewed the L visas, I had the EAD renewed as well.

Only last year did I learn about it, because at the time the company asked only for copy of visa and SS.

This happened to both me an a friend back then, except they stayed in US and is now a citizen.
Me on the other hand came back to my country and have kept traveling to US on vacations every year after that.
I had my b1/b2 renewed in 2016 and have not had problems, but wonder if this might come up when I fill ds 260 or at Consular interview.

My friend still works at the same company (think PepsiCo, United Airlines, etc) they only asked for copy of L2 Visa, Marriage Cert, and Social Security, :point_down:t3: and we were advised by the lawyer who helped us file L visas that we did not need EAD. This lawyer was a former USCIS agent, and we believed what he advised

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1

Aliens employment-authorized without specific DHS authorization

The following chart lists, by COA code, non-immigrants authorized to work in the U.S.without specific authorization from DHS. The alien’s I-94 showing one of the following COAs has employment authorization unless otherwise noted. The I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

The visa of the principal alien generally shows the basis for the visa, e.g., “treaty trader” or an employer’s name, while the visa of a spouse or child may show an annotation that the person is a “dependent of the p.a.” (p.a. means principal alien).

For COAs displaying an asterisk (*), the principal alien, spouse, and child all have the same classification code.

In some instances, the husband and wife are principal aliens when the classification is E-1 and E-2.

When all family members have the same COA, ask the SSN applicant if he or she is the family member who is the principal alien, spouse, or the child of the principal alien.

For COAs displaying a double asterisk (**)(non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization.

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 or she must submit, in addition to evidence of lawful alien 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. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or, 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

L-2** Spouse of an intra-company transferee.

The alien must submit either:

an EAD (Form I-766) showing “A-18” under Category; or

evidence other than an EAD that proves the L-2’s lawful alien status (e.g., I-94)and a marriage document as evidence that he or she is the spouse of the principal L1 Alien

Hi @anonymous19

With current level of scrutiny, it is possible that they can find your visa violation by working and receiving money on your SSN.

You will be lucky if you can escape it while getting your Green card.

You can only hope that they ignore it or do not find this violation in your green card process.

I would say that it is possible that L2 was allowed to work at that time in past if your attorney had advised you.

If your employer was a big corporation, they would not make such a small mistake.

Earlier, i though that you would have worked for a small desi employer who would not care for your status.

I think you should be fine if your attorney had advised you on working at that time.

Thanks very much for your help!

1 Like