Ben Galore
Sep 16, 2021
Need for EAD for E2 spouse self employed pending AOS
hi, i asked the question to the USCIS and they told me it was not clear and I should ask to an immigration lawyer (??) . it's up to the employer when employee but self employed is grey area. They were not sure because according to
Chapter 6 - Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8))
Certain categories of nonimmigrants are authorized to engage in employment as an incident of status, subject to any restrictions stated in the regulations. [15] As long as the adjustment applicant complies with applicable terms and conditions of the nonimmigrant status, the applicant does not need to obtain an EAD to continue authorized employment during the time specified while the adjustment application is pending. These applicants, however, may apply for an EAD if they prefer.
Footnote 15: Examples of nonimmigrants authorized to work incident to status include E-1, E-2, E-3, H-1B, H-3, L-1, O-1, P-1, and R-1, among others.
So since the USCIS does not want to answer (they don't want to be held liable) should I pay a lawyer to confirm what i think?
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Hopeful GirlSep 16, 2021
I would like to know this answer as well. I am an E2 spouse, I shouldn’t need a EAD🤦🏽♀️
S BSep 16, 2021
I’m confused what you mean. so as an E2 spouse you applied for an EAD. you can continue to work on that until it runs out / i94 expires. I assume you applied for an EAD with the AOS. Are you asking what you do if there is a gap between current one running out and new one arriving? I’ve asked this question to my lawyer and the answer is - you cannot work. Did I understand the issue correctly?
S BSep 16, 2021
just to clarify-even for yourself
Ben GaloreSep 16, 2021
i know the E2 status is not clear and some court already said that spouses don't need EAD. my question is not about that but as you said filed AOS with an active EAD AND Self Employed. i was just surprised by the answer of the USCIS that it was up to the employer to determine (i.e let them deal with that) and that self employed he had no answer after searching for it (10 long minutes).
