More confusion about ead and a k-1 visa holder

[johnjez]

My wife starts work next week on her K-1 visa without and ead. I have been to the SSA web site many times trying to decipher their laws and meanings. It is also basically useless to call them. They have to many different replies. I will post this directly from the SSA web site with the address from this page and add some excerpts.

I plan to print this out and have my wife bring it with her to the job in case they have any questions. Any lawyers out their want to tell me exactly how to interpret this. In this forum people say yes she can work without and ead. Others say she can defiantly not work. Read from this SSA web site and see what the consensus is. Thank You


http://policy.ssa.gov/poms.nsf/36f3b2ee954...b4?OpenDocument


. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION
The following policy applies to employment authorization by class of admission.

1. Aliens Work Authorized Without Specific INS Authorization
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The aliens I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.

FO: Ask the alien which he/she is and see RM00203.500C.2. and RM 00203.500C.3. if the alien is the spouse or child.



Class of Admission
Description

A-1*
Ambassador, public minister, career diplomat or consular officer

A-2*
Other foreign government official or employee

A-3*
Attendant, servant, or personal employee of principal A-1, or A-2

C-3*
Foreign government official in transit through the U.S.

E-1*
Treaty trader

E-2*
Treaty investor

F-1
Academic student - for on-campus employment, and DSO authorized off-campus practical training. (See RM 00203.470)

G-1*
Resident representative of recognized foreign member government to an international organization

G-2*
Other temporary representative of recognized foreign member government to an international organization

G-3*
Representative of unrecognized or nonmember foreign government to an international organization

G-4*
Representative of international organization (officer or employee)

G-5*
Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4


H-1B
Worker in a specialty occupation

H-1C
Registered nurse

H-2A
Agricultural worker

H-2B
Non-agrarian seasonal worker

H-3
Trainee

I*
Foreign information media representative

J-1
Exchange visitor (pursuant to an approved program) (See RM 00203.480)

K-1
Fiance(e) of U.S. citizen


Aliens Who Require an EAD From INS Authorizing Employment
The following lists nonimmigrants, by alien classification, who are authorized to work with authorization from INS. Employment authorization must be shown on an EAD.

EXCEPTION: Employment authorization may be shown on the I-94 for a refugee, on Form I-20 ID for an F-1, or on a sponsors letter for a J-1.



Class of Admission
Description

A-1, A-2
Spouse or child of principal A-1, A-2 alien (provision of law: 274a.12©(1))

B-1
Visitor for business who is:


A personal or domestic servant accompanying or following a employer admitted to the U.S. as a nonimmigrant (provision of the law: 274a.12©(17)(i))

A domestic servant accompanying or following a U.S. citizen employer (the employer has a permanent home or is stationed in a foreign country and is temporarily in the U.S.) (provision of the law: 274a.12©(17)(ii))

An employee of a foreign airline and the employee is not a national of the country of the airlines nationality (provision of the law: 274a.12©(17)(iii))

NOTE: The instructions in section C.3. apply if the B-1 alien is not authorized to work under one of the above situations.

E-1
Spouse or child of principal E-1.

Spouse of treaty trader

E-2
Spouse of treaty investor

F-1
Academic student - for employment while F-1 is pursuing a full course of study or authorized optional practical training (provision of law: optional practical training -274a.12©(3)(i); employment with an international organization -274a.12©(3)(ii); economic hardship - 274a.12©(3)(iii))

G-1, G-3, G-4
Spouse or child of principal G-1, G-3, G-4, alien (provision of law: 274a.12©(4))

J-2
Spouse or dependent child of J-1 alien (provision of law: 274a.12©(5))

K-2
Child of K-1 (provision of law: 274a.12(a)(6))

K-3
Spouse of U.S. Citizen (provision of law: 274a.12(a) (6))

K-4
Child of K-3 (provisions of law: 274a.12(a))

[MRMC]

I think you need to visit the government office. It really looks confusing but you do not want your wife to face any possible violations. I always thought a K1 needed a work visa. I may be wrong. I can't make heads or tails out of the attachment on the link you sent. I would want something clear in writing.

[lele]

A K1 *does NOT* need a work visa to work, IF THEY HAVE AN EAD stamp or card.

 

When you arrive at JFK airport, with a K1 visa, the stamp is automatically placed in your passport. You can hence work for up to 90 days (by which time, if you marry immediately and file for an EAD, I hope we can have it!).

 

If you did not get this stamp (because you went through an airport which does not serve many immigrants, and hence does not know about the stamp), they I think you need to go to the local office to *get* the stamp.

 

Good Luck!

[tywy_99]

http://www.kamya.com/ssn/

 

I posted some info/experiences above.

There is a memo that was put out in November 2000 giving K-1 authorization to work, (EM-00154). I believe the memo is still in effect but not sure.

You can download a PDF image of this memo from the above site. Make a copy of it and present it to the SSA rep and to your SO's employer.

 

hope this helps. you may already be aware of it.

 

-good luck

[johnjez]

Lele says{If you did not get this stamp (because you went through an airport which does not serve many immigrants, and hence does not know about the stamp), they I think you need to go to the local office to *get* the stamp}

 

 

Tywy-99 Says {I posted some info/experiences above.

There is a memo that was put out in November 2000 giving K-1 authorization to work, (EM-00154). I believe the memo is still in effect but not sure.

You can download a PDF image of this memo from the above site. Make a copy of it and present it to the SSA rep and to your SO's employer.

 

hope this helps. you may already be aware of it.}

 

SSA says1.{ Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD. ]EM-00154

 

The EM-00154 memo states: "A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show and employment authorization document (EAD) as proof of employment authorization when applying for a Social Security Number (SSN) card." The memo further states: "When an alien in K-1 status applies for an original or replacement SSN card, accept as proof of employment authorization either an unexpired:

I-94 showing the alien is admitted as a K-1 for a 90-day period; or

EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category).

The memo also states: "Some I-94s issued to K-1s are stamped or annotated "Employment Authorized," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work." The memo is File no. EM-00154 dated November 1, 2000"

 

 

I have to agree with Tywy-99 'You do not nead a EAD to work as long as you have a valid I-94. I did write to my lawyer and sent him the SSN web site for his imput . But after reading all the replies from my 2 post. It seems we are confused about the EAD and the K-1 visa. SSN is even more confused. Depending on who you talk to. I just want to clear this up for K-1 visa holders who want to work.

[frank1538]

This is the way I read it. A K-1 visa holder does not need a stamp in the I-94 or an EAD in order to get a Social Security number and work during the 90 day period that the K-1 visa is valid. After that, the individual needs either a green card or an EAD to work.

 

Other posts have indicated that a K-1 visa holder can get the Social Security card within the first 70 days of the visa's validity. After that, SSA won't issue the card because it's too close to the K-1 visa's expiration. If you wait until past this 70 day deadline, the K-1 visa holder will need to get and EAD before the SSA will issue the card.

 

Clear as mud? Don't feel like a stranger.

[johnjez]

The K-1 visa holder is legally allowed to work in the USA as long as they have a valid I-94 after the I-94 expires they need an EAD to legally work, again this is from the SSA memo dated 04/2003

 

"1. Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD {K-1 Fiance(e) of U.S. citizen}."

 

When she reports to work I'll have her bring her k-1 visa along with her I-94 and a copy of this memo with the SSA web site. I have filled her AOS and EAD papers. The only problem I may have is if her I-94 expires before she receives her EAD.

 

I did not do much research on her working while on a K-1 visa. But she was looking through the want ads and decided to e-mail her resume. She wanted a feel for how US companies do business. I did not expect her to be hired on her first interview. Now I had to research on if she is legally allowed to work. I posted in CFL and received many different responses, calling SSA gives different replies also. I sent the SSA web site to my lawyer to see what his reply will be. Monday I'll call USCIS and see what their reply is. In the end I'll post the results on weather she is allowed to work on her I-94 without an EAD on a K-1 visa or not. Remember this does not apply to a k-2, K-3 or K-4 visa. Only K-1

 

[warpedbored]

The big problem here is the SSN doesn't know immigration law. I called them once and the dumb ass that answered the phone tried to tell me Bing had to become a citizen to work. When we went for her SSN we got the card no problem but it came stamped "can not work without authorization" So you are at the mercy of the person who issues the card I suppose. Don makes a good point though. without an EAD it will be difficult to get a job since most employers want you there more than 90 days.

 

Lele I would check into that EAD stamp at JFK. I don't think they issue that anymore.

[mikem]

WE went through this.. When my wife entered she did not get any stamp(LA) we filed for the SSN within a week and got her card within 2 weeks stamped not authorized for work.. we then married and then filed for EAD and got within a month in her MARRIED NAME. However when we went back to change the name on her SS card they denied because visa expired and they must get the OK from CIS to issue card in married name..Go figure we walk in with marriage cert and EAD to SS and they will not change until CIS ok? But it is ok to work with EAD she has a full time job using her original SSN that was on her card with maiden name..So whats the big deal about changing to married name we are still waiting to hear almost two months..Must be the American way ok to work and pay taxes but not have a SS card in the right name..

[lele]

The big problem here is the SSN doesn't know immigration law.  I called them once and the dumb ass that answered the phone tried to tell me Bing had to become a citizen to work.  When we went for her SSN we got the card no problem but it came stamped "can not work without authorization"  So you are at the mercy of the person who issues the card I suppose.   Don makes a good point though.  without an EAD it will be difficult to get a job since most employers want you there more than 90 days.

 

Lele I would check into that EAD stamp at JFK.  I don't think they issue that anymore.

Carl,

 

When I entered back to the US on January 30th into JFK, I asked them about the stamp. The lady told me that they give it to all incoming K1's. I said that she will come from China, and the lady there told me, that it is the same. All K1's coming into JFK, as of January 30th 2005, are given a stamp, *IF THEY ASK FOR ONE*, at no fee.

 

I hope that it has not changed since then! Do you know if this is the case that is has changed since then?

 

Thanks!

[Jim - Portland, USA]

The big problem here is the SSN doesn't know immigration law.  I called them once and the dumb ass that answered the phone tried to tell me Bing had to become a citizen to work.

And when we first applied for a SSN for Juxin, the nice SSA lady told us that Juxin *absolutely* had to get EAD before getting SSN.

 

We didn't like that answer so we went to another SSA office across town and the nice man processed the application on the spot.

 

The SSA folks need a re-fresher course in immigration matters because they are all just as confused as we are.

[maxmilagro]

Today was our first day back in the US together and one of the first things we did was go to the local SS office to get her number. Well, guess what? We run into another bonehead!

 

The story I get from this particular one is that she tried to process the number request using the SS Administration's computer program but it stopped her when we told her Jun didn't have an EAD. (We came in through Detroit. The only thing they put in her I-94 was an "admitted" stamp with yesterday's date, filled in the Class line as K-1, and stamped June 04, 2005.)

 

I asked her if the program identified K-1 specifically as a visa category which was denied authorization to work and thus a SS number and she said yes. So according to my local office, my K-1 fiancee cannot work, cannot get a SS number. I asked her "So why did the US Consulate give me this piece of paper saying she is REQUIRED to get a SS number?" Answer, "That's an old document." I told her, "I got it LAST WEEK!"

 

Boneheads at all levels. Is anybody managing this government?

[johns]

My question is does she need to have a SSN to start some part time work with the 3 month stamp??

 

We just got her stamp on arrival at JFK last week.

 

Ambitious!!! already wanting to start work aside from her ESL class she is in already.

[maxmilagro]

Just to confuse things:

 

Here's the language from the USCIS website regarding EADs. Note that it says specifically that "fiancés of American citizens" require an EAD.

 

The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

[lele]

I have read this too.

 

BUT, if a K1 arrives at JFK (as Rong will do in a couple of days) he/she GETS A 90-day EAD stamp in the passport.

 

If you arrive elsewhere, then you need to make an appointment at the local Service Center and ask them for an EAD stamp. They can then give you one (not sure how much it costs), which is good until the K1 Expires.

 

Or at least that is how I read it!