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Can L2 visa holder continue their business from home if they are getting their payments in their native country's bank account?
Anonymous2 views4 answers
Only for 3-5 months can L2 visa holder continue their business (just online dealing with clients and vendors) from home if they are getting their payments in their native country's bank account?
Because after 3-5 months will be going back to their native country.
I heard that EAD is valid only if someone is getting salary or payments in US. It is not required if the salary or payments is not generating in US bank account.
IS it true?
If it takes 3 months to get the EAD then in this situation what is the use of getting EAD?
This is an excellent question, but I do believe you should sit down with a qualified immigration attorney in your area and present her with an exact lay out of your business activities to see if any of your current actions can be considered employment by USCIS.
In general, the dependent of an L-1 cannot work without employment authorization. A person who is lives in the U.S. for 183 days is considered a tax resident, (not a lawful permanent resident), who may be obligated to pay taxes on all earnings unless they can somehow opt out of U.S. taxes.
If funds are being earned for work done 'while in' the U.S., then this is the issue. Occasionally, there are memos that deal with exceptional situations like dependents who work in limited capacities. However, when no USCIS interpretation exists, those who work violate their L-2 and run the risk of falling out of status. This situation can make them subject to deportation or perhaps ineligible to adjust status through a spouse.
I strongly recommend an appointment with a competent and experienced immigration attorney.
