Valid for work only with DHS Authorization?

[lyscra]

Hello,

My wife got her SS card today but it says “Valid for work only with DHS Authorization". How do we fix this (She is K-1 and auto authorized to work according to official links I have read here)

Thanks!

[dnoblett]

That is correct, K-1 is work authorization for the 90 days shown on the I-94 then need DHS work authorization called EAD.

 

SSA wont remove that notation until you have a green-card.

 

The notation is there to tell employers to request further proof of work authorization, that is either I-94 card with EAD stamp or and actual EAD card or green-card. SSA card is not work authorization only DHS gives the authorization.

 

SEE: http://www.ssa.gov/pubs/10002.html#types

[esun41]

Of course, AOS would give her the right to work as well. In some cases, EAD would take longer to accomplish than getting the permanent resident card.

 

EAD, in my opinion, is a waste of money. (That's my opinion)

[Randy W]

Of course, AOS would give her the right to work as well. In some cases, EAD would take longer to accomplish than getting the permanent resident card.

 

EAD, in my opinion, is a waste of money. (That's my opinion)

 

 

Some of us waste that money two or three times while waiting for the green card.

[david_dawei]

and once you get the GC, it makes little difference if you take the time to get a new card issued (ie: not a new number, just minus the text).. we still have her card stating as such but is moot since she has the GC.

[esun41]

To comment on Davids post...

 

In California, the DMV would not issue I.D. to my wife without the green card. The state of Ca. owes me $63 because they notified us 2 weeks after going there and paying the fees and having pictures taken.

 

Now in Texas, it is state law to carry Gov't issued I.D. at all times. Getting her a Texas I.D. was no problem. The Public Safety Officer advised my wife to apply for another SSN to have that restriction removed from her card.

 

The benefit of removing to me would be she could get a job without showing her green card but by just showing her Texas I.D. and SSN. Being a person who hires and checks documents for the I-9 requirements, I've seen a lot of false I.D.'s and SSN's.

 

To comments on Randy W's post...

 

The EAD in Texas is moot because of DORA. When DORA goes away this fall, EAD may be a benefit again worth investing.

[dnoblett]

A little more from SSA:

(3) Restrictive legend change defined. Based on a person's immigration status, a restrictive legend may appear on the face of an SSN card to indicate that work is either not authorized or that work may be performed only with Department of Homeland Security (DHS) authorization. This restrictive legend appears on the card above the individual's name and SSN. Individuals without work authorization in the U.S. receive SSN cards showing the restrictive legend, "Not Valid for Employment;" and SSN cards for those individuals who have temporary work authorization in the U.S. show the restrictive legend, "Valid For Work Only With DHS Authorization." U.S. citizens and individuals who are permanent residents receive SSN cards without a restrictive legend. For the purpose of determining a change in restrictive legend, the individual must have a change in immigration status or citizenship which results in a change to or the removal of a restrictive legend when compared to the prior SSN card data. An SSN card request based upon a change in immigration status or citizenship which does not affect the restrictive legend will count toward the yearly and lifetime limits, as in the case of Permanent Resident Aliens who attain U.S. citizenship.

http://www.ssa.gov/OP_Home/cfr20/422/422-0103.htm

 

Also SSA recomends that you inform them of any immigration status change such as Non-immigrant --> Immigrant (AOS) and Immigrant --> Citizen (Naturalization)

 

What if my immigration status or citizenship changed?

 

If your immigration status changed or you became a U.S. citizen, you should tell Social Security so your records can be updated. To get your immigration status or citizenship corrected, you need to show documents that prove your new status or citizenship. Only certain documents can be accepted as proof of citizenship for new and replacement cards. These include your U.S. passport, a Certificate of Naturalization or a Certificate of Citizenship. If you are not a U.S. citizen, Social Security will ask to see your current immigration documents.

http://www.ssa.gov/pubs/10002.html#immigration

 

So even if the immigrant has a card without the restriction noted on it when becoming a citizen, it is recommended to notify SSA, so that the new citizen can be eligible for benefits offered by SSA.

[Randy W]

 

To comments on Randy W's post...

 

The EAD in Texas is moot because of DORA. When DORA goes away this fall, EAD may be a benefit again worth investing.

 

You mean in Dallas and El Paso, but not Houston. Does DORA mean that you won't have an FBI security check?

 

To my way of thinking, employment authorization is the most important aspect of getting a green card. Everyone should consider what might happen if the green card is delayed. If you can wait an additional 90 days, go for the green. Otherwise, consider applying for EAD up front.

 

Not to jump on you, Eric, but I think we're leading people to expect a green card in 90 days, when that may not be the case.

 

David, do we have statistics on how long it takes to get a green card?

[david_dawei]

Eric: You seem to argue a contradiction; If the SSN is changed, then you don't need to show the GC (good point); but you see many fake SSN, so the GC is needed! But your point is worth noting.

 

Dan: Good info for the FAQ, thx.

 

Randy: This link is to a Ombudsman graph in L&R, showing processing times by local office... it is a little dated but I've watched people's comments on times and it seems to be in the ballpark still (other than those skipping interviews).

 

 

AOS Processing Times

[dnoblett]

 

To comments on Randy W's post...

 

The EAD in Texas is moot because of DORA. When DORA goes away this fall, EAD may be a benefit again worth investing.

 

You mean in Dallas and El Paso, but not Houston. Does DORA mean that you won't have an FBI security check?

 

To my way of thinking, employment authorization is the most important aspect of getting a green card. Everyone should consider what might happen if the green card is delayed. If you can wait an additional 90 days, go for the green. Otherwise, consider applying for EAD up front.

 

Not to jump on you, Eric, but I think we're leading people to expect a green card in 90 days, when that may not be the case.

 

David, do we have statistics on how long it takes to get a green card?

One point I will make, EAD will be included in the price of AOS after the fee price is increased July 30, so just file for EAD when you do file for AOS, it won't cost any more, than the time it takes to fill out the form.

[esun41]

I'm not trying to mislead anyone in expecting a GC in 90 Days. The Dora Packet states the intent is to have a Green Card in that time frame. The actual wording is: "The goal of this program is to complete the processing of your application within 90 days"

 

The letter goes on to say; "If we are unable to complete your case within the 90-day goal, you will receive a letter stating that you may file for Employment Authorization and/or Advanced Parole. (if eligible)"

 

My wife filed in California... by mail. Our kids had to file DORA and this seems to put the Cart before the Horse and has created a backlog as our IO has stated to me a few weeks ago. Maybe this is why DORA is going away.

 

I apologize sincerely. Maybe my choice of wording should have been more clear. We are awaiting for the K-2 Green Cards. When we receive them, then we'll know!

 

The I-9 has the three check boxes. One for Citizens, one for Permanent Residents and the other for Alien authorized to work. The last two asks for A numbers and my training requires that I verify A numbers. This is the requirement from my employer, not necessarily the USCIS. I was trained to verify that numbers match and not to authenticate documents.

[Randy W]

I'm not trying to mislead anyone in expecting a GC in 90 Days. The Dora Packet states the intent is to have a Green Card in that time frame. The actual wording is: "The goal of this program is to complete the processing of your application within 90 days"

 

The letter goes on to say; "If we are unable to complete your case within the 90-day goal, you will receive a letter stating that you may file for Employment Authorization and/or Advanced Parole. (if eligible)"

 

My wife filed in California... by mail. Our kids had to file DORA and this seems to put the Cart before the Horse and has created a backlog as our IO has stated to me a few weeks ago. Maybe this is why DORA is going away.

 

I apologize sincerely. Maybe my choice of wording should have been more clear. We are awaiting for the K-2 Green Cards. When we receive them, then we'll know!

 

The I-9 has the three check boxes. One for Citizens, one for Permanent Residents and the other for Alien authorized to work. The last two asks for A numbers and my training requires that I verify A numbers. This is the requirement from my employer, not necessarily the USCIS. I was trained to verify that numbers match and not to authenticate documents.

 

 

No - there have been a number of posts on Candle lately that advise that maybe you don't want to apply for EAD. Yours just happened to be there when I felt like I needed to say something. Sorry for any misunderstanding.

 

Even based on what you say about DORA, if you follow their directions, it could be up to 180 days before Employment Authorization is received. If you file for EAD up front, it's only 90 days. They only promise that they intend to complete processing in 90 days. A FBI security check will throw anyone's green card off track.

 

Someone applying for AOS should make a knowledgeable choice as to whether to apply for EAD or not. Hopefully, like Dan says, that quandary will go away with the new fee structure.

 

Does the DORA process tell you you CAN'T apply for EAD until 90 days have passed?

Edited June 14, 2007 by Randy W (see edit history)

[esun41]

The DORA paperwork I have has a checklist that includes the price structure.

 

$325 fee for I-485

$70 fee biometrics

$190 fee for I-130 (it says if necessary)

$165 fee for EAD (if eligible)

 

Says nothing about advanced parole fees. Says nothing about when to file EAD but I am assuming that is the reason for DORA, to avoid this action!

 

I paid $395 for each K-2. I turned in all the necessary forms at the service window. We were given an appointment time for that same day, about 3 hours later. Were given an appointment letter and went to have lunch.

 

Went back at 1 pm and had our interview number called about 1 hour later. We did the exact format that my wife's interview went through. The IO asked the same questions and fumbled through the same "Big City phone book" size file that was fumbled through at my wife's interview. I was asked for the document that the kids father signed to release them to come to the states and gave to the IO. Was told that biometrics letter was coming 60 to 75 days and that was about it. When we came out of the interview about 3:45. The place was empty. I'm guessing all checks are in process but our IO was the same person for my wife and the IO had taken all necessary documents out of my wife's file and put into the kids file(s). The IO gave me back all the original documents from my wife's file so I would not have to file that form to get them back. The IO was awesome and I sent an email to tell the USCIS contact to tell them of this.

 

I just hope no snags as each step of this whole K-1 has had some setback one way or another.

 

Like I mentioned before... Cart before the Horse!

[Randy W]

DORA FBI background check - read this post and the one after.

[esun41]

DORA FBI background check - read this post and the one after.

 

I am hoping K-2 DORA is better than K-1 DORA.

 

I'm also hoping that they have gotten some of the bugs out since that post!

 

Thanks for the info...

Edited June 14, 2007 by esun41 (see edit history)