Teaching Assistantship on an L2 visa

[HayleyG]

I was offered a PhD position back in April with a TA position. The university asked for my visa etc and I was accepted. I have just realised that I probably have to have EAD? Isn't this something the university should have told me about? In a blind panic now as the TA covers a stipend, tuition and health insurance. But now it looks like I will lose my place if I don't have EAD. Anybody got any experience with this?

[TakeruK]

Are you already in the US as a L2 dependent of someone else who is on L1 visa status? If so, then you should also talk to your school about whether or not you can do your TA work without a EAD (a quick look of L2 status says yes you can) and whether or not you should remain on L2 status or actually switch to your own F1 status (you can do a change of status without leaving the US).

 

If this is not the case, then maybe you might have the wrong type of visa? L2 (and most, but not all, "2" visas) are for dependents. As the student, you should probably be the primary on your own student visa.

 

You probably should be applying for a F1 or J1 visa. Talk to your school to make sure you are all on the same page. You need the school to issue a I-20 to apply for a F1 visa (or DS-2019 for a J1 visa). Both F1 and J1 visas are for student status, and they both come with employment authorization to work on campus for things like TAships, so you don't have to worry about a separate application for EAD.

 

** Again though, I am not an expert, hope this helps but you really should talk to your school's international office!!

[HayleyG]

Hey thanks for your reply. Where did you see that L2 might not need EAD for TA?

I have been in the US for a few months now with my husband on an L1 visa. As far as I know I have to stick with this visa as we are going through the green card process.

Appreciate your help!

[TakeruK]

That makes sense! Yeah, F-1/J-1 time does not count towards green card / permanent residence eligibility!

 

I saw the no-EAD thing from Wikipedia: "The holder of an L-2 visa does not need to obtain an Employment Authorization Document (EAD) to be allowed to work with any employer." (https://en.wikipedia.org/wiki/L-2_visa).Of course, Wikipedia is not the best source, but this statement is cited and links to: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1

 

where it says, for L-2 holders:

 

 

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 L-1 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

 

 

 

So to me, it sounds like you just have to prove you are married to a L-1 alien! But again, this is just cursory Internet search info, you should talk to your school's international student program office to be sure. My spouse and I also did this research for our case (I'm J-1, she is J-2) and found that she does need a EAD (which she applied for and got).

[AparnaCS]

On 7/4/2015 at 9:15 PM, TakeruK said:

That makes sense! Yeah, F-1/J-1 time does not count towards green card / permanent residence eligibility!

 

I saw the no-EAD thing from Wikipedia: "The holder of an L-2 visa does not need to obtain an Employment Authorization Document (EAD) to be allowed to work with any employer." (https://en.wikipedia.org/wiki/L-2_visa).Of course, Wikipedia is not the best source, but this statement is cited and links to: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1

 

where it says, for L-2 holders:

 

 

 

So to me, it sounds like you just have to prove you are married to a L-1 alien! But again, this is just cursory Internet search info, you should talk to your school's international student program office to be sure. My spouse and I also did this research for our case (I'm J-1, she is J-2) and found that she does need a EAD (which she applied for and got).

This is only for applying for SSN. USCIS requires L2 to have an EAD to work. But I am not sure if TA is considered work. Hope you would have worked through the puzzle by now. Did you have to get the EAD for TA?

[AparnaCS]

I am upating this post for informational purpose. I went through this process recently. Anyone on L2 visa enrolling for graduate studies that offers stipend for TA / RA has to have EAD. It is best to apply for EAD as soon as possible, or atleast immeadiately after you get the admission offer, since the processing time can take upto 6 months.