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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28297
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a dependent( spouse) of an employee at diplomatic

Customer Question

Hello,
I am a dependent( spouse) of an employee at diplomatic mission( A2).
I have a SSN( social) , and, an expired EAD(employment authorization) because this is the second time my husband is on Foreign mission in US.
I have completed the forms of I-566 and I-765 already and ready to apply for EAD.
But, this time, I need more information regarding the following scenarios:
A. To find an employer( I was told by the administrator from my husband's mission, that the procedure has changed for the application. Instead of getting EAD first, then find an employer. I would need to find an employer who is going to send me an offer letter, then apply for EAD. Please explain in details as much as possible.
B. To be a freelancer. ( as details as possible, and referral of any agency would also be appreciated)
C. To be a business owner of a small business.( as details as possible, and referral of any agency would also be appreciated)
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Judith replied 2 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Customer: replied 2 months ago.
Thank you Judith, take your time. I appreciate your help.
Expert:  Judith replied 2 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

A. To find an employer( I was told by the administrator from my husband's mission, that the procedure has changed for the application. Instead of getting EAD first, then find an employer. I would need to find an employer who is going to send me an offer letter, then apply for EAD. Please explain in details as much as possible.

This is not correct information. Please refer to the instructions for the I-765, Page 3 #4. The requirements for an A2 NATO dependent EAD have not changed to require an offer of employment from an employer.

B. To be a freelancer. ( as details as possible, and referral of any agency would also be appreciated)

An EAD allows you to be a self-employed freelancer and absolutely does not require formal employment for an employer. You may work for yourself.

C. To be a business owner of a small business.( as details as possible, and referral of any agency would also be appreciated)

Again, once you have an EAD you can engage in any proactive service for pay. It does not matter if you do it by setting up your own corporation; work as an independent contractor; or work as an employee for a business entity.

You have absolute right to provide services and receive pay.

Here is the regulation: https://www.law.cornell.edu/cfr/text/8/274a.12

(c) Aliens who must apply for employment authorization. An alien within a class of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on theemployment authorization document. USCIS, in its discretion, may establish a specific validity period for an employment authorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending.

1) An alien spouse or unmarried dependent child; son or daughter of a foreign government official (A-1 or A-2) pursuant to 8 CFR 214.2(a)(2) and who presents an endorsement from an authorized representative of the Department of State;

The administrator is incorrect about USCIS requirement for an offer of employment letter.

and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Expert:  Judith replied 2 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.

I put a great deal of time into providing you the legal citations, and professional answers to help you. We are not on salary and I do not earn a cent without a 5 star rating. What more can I answer for you?
Judith

Customer: replied 2 months ago.
I am sorry to respond you a bit late. I am just waiting for my husband to be back and look through it together.
Your answers were clear and professional but I did not realize that I need to rate you immediately.
I may need to ask additional follow up questions in the next few days.
Thanks a lot for your help.
Expert:  Judith replied 2 months ago.

You may ask follow up questions forever. The question never closes after rating and experts always respond to follow-ups. It is our professional courtesy.

Judith

Expert:  Judith replied 2 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful. Experts receive no compensation without a 5 star rating. We support our families working here. A lack rating and delayed ratings are used against our evaluations.
Judith

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