L2 work in the usa

[Brett]

Hi All,

I know this has been asked in the past but need some guidance. If my wife is on an L2 and we are now in the USA can she continue working for the home country company. She would like to continue work remotely. Do we have to wait for the EAD to come through in order for her to continue work for company back home?

Thank you and appreciate the feedback.

[newacct]

Recent guidance says that L2 spouses are authorized to work incident to status, so it is legal for your wife to work while in the US without an EAD.

However, there may be tax complications. If she is employed while in the US, then I think either she must be treated as an employee, where the employer would have to withhold federal and state income taxes and payroll taxes, or she must be treated as a self-employed independent contractor, in which case she would have to pay income and self-employment tax herself.