tht

The system is based on laws voted on by congress, the President can only really tinker at the edges. So without a change in the law it is likely to go back to how it was in the administration before the last at best, but with the backlog created it likely will take a while to even get there.

scrubbedexpat099

6 to 8 months has been the quoted average for EAD, like everything if there is a possibility apply to expedite. Seems that expedites may be getting tricky because so many are, sort of part of the standard process.

An expedite does not mean quick, just quicker and can not be guaranteed. No downside trying.

Of course all these timelines are looking back, quite what will happen going forward is anybody's guess. We do not live in normal times.

Good luck.

DeanCal

Thank you everyone for the information! Its a massive help!

One last question - while she waits for EAD, is there any possibility of working without them? (other than cash/under the table jobs).
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Is there any process where she works until she gets her case reviewed officially? Similar to how bridging visas work in places like Australia - they have the same rights but only temporarily until their case is reviewed

Also, I found this on a wiki page (I know not the best source) which all seems contradictory:

The spouse of the primary L-1 has an automatic right to work in the United States. Children cannot accept paid employment. The spouse can, but need not, apply with the USCIS for employment authorization after arriving in the United States and, after issuance of the Employment Authorization Document (EAD, Form I-765), may thereafter work for any employer. According to the Social Security Administration, the L-2 spouse is permitted to work, even without an Employment Authorization Document.[5] However, USCIS takes the position that the L-2 spouse must obtain the Employment Authorization Document for I-9 purposes.[6] The spouse may apply directly to Social Security for issuance of a Social Security Number.

This says SSA would allow her to work but CIS wouldnt so Im wondering is there any sort of process in place

Jerseygirl

Certainly not!!!

She can do volunteer work. Work that a person would not normally be paid for. No expenses, meals nothing. Jobs such as working in soup kitchen, homeless shelter, animal shelter etc.

scrubbedexpat099

When she gets her L2 visa her case will have been reviewed officially

Someone who is on a L2 does not need to work they are the dependent of a L1

If they want to they need EAD. EAD is just a piece of paper she needs to get, I suppose somebody checks the boxes, makes sure she is eligible etc.

tht

“cash under the table” is not legal even with an EAD. I am not aware of anyway other way than waiting or getting work authorization on her own for a job. Take a look at the I-9 form. This is what employers have to compete, can also be done electronically as eVerify. It lists out all the documents you can provide to prove you are allowed to work legally: https://www.uscis.gov/sites/default/...er-version.pdf

I think the “automatic right” refers to the fact she can apply for an EAD and eventually get one. It does not say “automatic right from day 1” and even then I think that’s misleading, while I am sure 99.99% of EAD’s are issued to L2’s I would be surprised if there were cases of some being denied.

S Folinsky

The questions you are posing are actually quite sophisticated. I did this stuff for 40 years and can tell you that one constant has been change.

Back in the day I collected what I called "Quotes Of Judial Frustration." As can happen, my collection got out into the wild either misattributed or strpped of attribution. But for your edification, the collection can be found at this link. As a source of the type of thinking needed, I recommend Catch-22 by Joseph Heller. I have often thought that Mr. Heller's ghost haunts the immigration authorities.

In reading this thread I often had the thought "I wouldn't be so sure about that."

Good luck my friend.

S Folinsky

The employer sanctions regime was created by the 1986 IRCA legislation. And we have now had over 30 years for them to be twisted into a unrecognizable mess. But, it is helpful to look at the roots.

Understanding can come not by examining what a non-citizen can do, but rather what the obligations of US employers are. Those obligations imposed sanctions for 1) employment of "unauthorized aliens" and 2) violation of the paperwork requirements.

So, there are non-citizens who are authorized to work "incident to status" but the evidence of that authorization is the EAD. Again, look at this from what type of sanctions can be imposed on the employer.

The regulations were later amended to impose an obligation on the non-citizen to have that EAD. Unlike employer sanctions, the penalty on the non-citizen is the same for all violations of status. So, an L-2 may be authorized to work incident to status, but they must have that card.

steveq

Look on the bright side, on my original O-1 with the derivative O-3 (?) Lizzyq Willq and Jonq were ALL not allowed to work - for three years.