Can I Work as a Contractor under an L-2 Visa?
Many individuals residing in the United States under an L-2 visa often wonder if they can work as contractors. The L-2 visa is a common choice for spouses or unmarried children of L-1 visa holders, allowing their family members to live and work in the United States. However, the ability to work as a contractor is subject to specific regulations and requirements. In this article, we will explore the intricacies of working as a contractor under an L-2 visa, the legal framework, and the steps needed to obtain the necessary authorization.
The Nature of the L-2 Visa
The L-2 visa is a non-immigrant visa that is designed for dependents of L-1 visa holders. This includes spouses and unmarried children under the age of 21. The primary purpose of the L-2 visa is to allow these individuals to live and work in the United States temporarily, often in the same company as their spouses or family members.
Working as a Contractor on an L-2 Visa
One of the most common queries among L-2 visa holders is whether they can work as contractors. While the L-2 visa holder can apply for an Employment Authorization Document (EAD) to be eligible for employment, there are specific restrictions. As a general rule, L-2 visa holders cannot engage in self-employment or work as independent contractors unless they have obtained the appropriate work authorization.
The Legal Framework for Contractor Work
For L-2 visa holders to legally work as contractors, they must obtain an EAD from the U.S. Citizenship and Immigration Services (USCIS). This document grants permission to work in the United States for a specific period. Once an L-2 visa holder has an EAD, they can then legally engage in contractor work, provided they meet all other legal requirements.
Steps to Obtain an EAD
Obtaining an EAD involves several steps and requires careful attention to detail. Here is a step-by-step guide:
Collect Required Documentation: Gather all necessary documents, including your passport, L-2 visa, and other supporting documents. Schedule an Appointment: Schedule an appointment with the nearest USCIS Field Office or Application Support Center (ASC). Complete the Form I-765: Complete the Form I-765, Application for Employment Authorization. Fill out the form carefully and ensure all information is accurate. EAD Application Fee: Pay the non-refundable filing fee, which as of 2023 is $410. Submit the Application: Submit the completed application along with the required documents and fee to the USCIS. Wait for Approval: USCIS will review your application and may request additional information. Once approved, you will receive your EAD through the mail.Options Without an L-2 Visa
For those who do not have an L-2 visa and wish to work as contractors, the process is slightly different but still legal. Called visa-free contractors, these individuals can work as independent contractors as long as they meet the legal requirements and do not engage in illegal immigration or unauthorized employment.
Conclusion
In conclusion, while an L-2 visa holder cannot work as a contractor without obtaining an EAD, the process is straightforward and legally permissible. If you are considering working as a contractor on an L-2 visa or visa-free, it is essential to understand the requirements and follow the legal steps. This will ensure that you can work legally and sustain your employment without any legal complications.