work permission

[mylove69]

Good evening, everyone

 

Is anyone know that the k1 visa holders are not allowed to work in the USA before they get work permission? Is it illegal if they go to work?

 

Thanks

[frank1538]

Take a read of this link and draw your own conclusion. http://candleforlove.com/forums/index.php?showtopic=16810

 

I think I am in the minority by saying that you need an EAD, even while in K-1 status.

[yuehan123]

Or, read this: http://uscis.gov/lpBin/lpext.dll/inserts/s...#slb-act274acap

 

from section (h)(3):

 

"(3) Definition of unauthorized alien.-As used in this section, the term "unauthorized alien" means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or ( B ) authorized to be so employed by this Act or by the Attorney General."

 

refer to (h)(3)(B ). If you are not authorized to be employed you are, by definition, an unauthorized alien.

 

From the reference above:

 

"Sec. 274A. [8 U.S.C. 1324a]

 

(a) Making Employment of Unauthorized Aliens Unlawful.-

 

(1) In general.-It is unlawful for a person or other entity-

 

(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)( 3)) with respect to such employment,..."

 

Therefore, if you are not authorized to work, it is illegal for someone to hire you.

 

You should always refer your questions to a qualified expert in Immigration law.

[RLS]

Or, read this:  http://uscis.gov/lpBin/lpext.dll/inserts/s...#slb-act274acap

 

from section (h)(3):

 

"(3) Definition of unauthorized alien.-As used in this section, the term "unauthorized alien" means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or ( B ) authorized to be so employed by this Act or by the Attorney General."

 

refer to (h)(3)(B ).  If you are not authorized to be employed you are, by definition, an unauthorized alien. 

 

From the reference above:

 

  "Sec. 274A. [8 U.S.C. 1324a]

 

(a) Making Employment of Unauthorized Aliens Unlawful.-

 

(1) In general.-It is unlawful for a person or other entity-

 

(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)( 3)) with respect to such employment,..."

 

Therefore, if you are not authorized to work, it is illegal for someone to hire you.

 

You should always refer your questions to a qualified expert in Immigration law.

204458[/snapback]

I understand that it is illegal, however, employers out here hire illegals by the hundreds and never get prosecuted or even investigated. That is one of the main points of "most" of the new immigration legislation now in Congress. i.e. to impose heavy fines on employers who hire illegal immigrants. Whether or not that dog ever hunts is anyone's guess.

[wpc76180]

Good evening, everyone

 

Is anyone know that the k1 visa holders are not allowed to work in the USA before they get work permission?  Is it illegal if they go to work?

 

Thanks

204447[/snapback]

Employment Authorization Document (EAD) is required.

[Randy W]

But aren't K1's authorized to work during the 90 day period that the visa is in effect? According to the SSA, the K1 itself provides this authorization and that is why they will issue an SSN to a K1 holder. Actually getting a job may be a different issue, since many employers wouldbe unwilling to hire someone with a 90 day time limit.

[frank1538]

But aren't K1's authorized to work during the 90 day period that the visa is in effect? According to the SSA, the K1 itself provides this authorization and that is why they will issue an SSN to a K1 holder. Actually getting a job may be a different issue, since many employers wouldbe unwilling to hire someone with a 90 day time limit.

204607[/snapback]

While I'd like to agree with you, it appears that only those visa classes that relate to a specific employer are allowed to work without an EAD.

 

The regulations indicate that a K-1 visa holder is required to get an EAD:

 

"...Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment. BCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States.

 

...(6) An alien admitted to the United States as a nonimmigrant fianc¨¦ or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service... http://uscis.gov/lpBin/lpext.dll/inserts/s...b-8cfrsec274a12

 

The law is stupid. You are authorized to work, but you can't work without an EAD, but your visa is only good for 90 days, but it sometimes takes more than 90 days to get an EAD that's only good for 90 days.

 

The only real benefit I see is that a K-1 visa holder doesn't need the EAD to get the Social Security number. Again, the law is stupid. A K-2 visa holder needs an EAD to get the Social Security number despite the fact that the visa holder may be too young to work.

 

Only in America.

[NY-Viking]

Since a K-1 has to go through AOS, I'd be careful about working without authorization.

204549[/snapback]

I'd like to add that this DID come up during our AOS interview. The woman asked what my wife was doing now and my wife looked at me to see how she should answer. I nodded indicating it was ok. My wife has been working part time at a Chinese restaurant, but only started that after she got EAD. (She's been looking for something closer to what she had done in China ... but it's been a difficult search so far .. I'm sure many Chinese SOs can relate ....)

 

Anyway, the interviewer noted the name of the restaurant down on the application. Since we had EAD, I'm sure it was fine (I think we had put unemployed on the AOS application, which was true when we applied). If we didn't have EAD, I don't know if that would have affected the interview result or not, but I'm glad we had it.

 

Come to think of it, the interviewer also asked me wife if she had ever lied about being a citizen or having a green card in order to get a job. So, while the K1 90 status seems to still be a grey area, I definitely recommend getting the EAD if you want to work in the AOS wait period (unless the green card will be issued very quickly).