EAD stamp needed?

[Stardust72 0]

Hello everyone.

I haven't posted much recently because nothing much has been going on. We filed our paperwork in October and have been waiting since then. I was just going through some things and came up with this question. I am considering going through JFK once I have my visa, in order to get the temporary EAD stamp. But I was just going through the documents needed to get an SSN. I know, it's a little early for that, but I like to be prepared Anyway, they advise you to bring the form EM-00154: Evidence of employment authorization for K-1 with you when you get your SSN because it explains that you don't need and EAD stamp in order to get an SSN. On the document it literally says:

"A nonimmigrant in K-1 alien status is authorized to work based on that status and is no longer required to show an employment authorization document (EAD) as proof of employment authorization when applying for a Social Security Number (SSN) card.".

And a little further is says:

"Some I-94's are stamped or annotated "EMPLOYMENT AUTHORIZED", and some are not. Either way, the I-94 is proof the K-1 alien is authorized to work.".

Here's the whole page: http://www.kamya.com/ssn/em00154.pdf

Now, does this actually mean that an EAD stamp is not needed to work and that the K1 visa alone is enough? Or does it simply mean that an EAD stamp is not needed to get an SSN? The way I read it, it says that a holder of a K1 visa is allowed to work. But it's a govermnemt form so I'm not sure I completely trust this If this means I do not have to go through JFK to get that stamp, I won't. I normally don't go through there to visit my SO either.

[pushbrk 13,105]

Hello everyone.

I haven't posted much recently because nothing much has been going on. We filed our paperwork in October and have been waiting since then. I was just going through some things and came up with this question. I am considering going through JFK once I have my visa, in order to get the temporary EAD stamp. But I was just going through the documents needed to get an SSN. I know, it's a little early for that, but I like to be prepared Anyway, they advise you to bring the form EM-00154: Evidence of employment authorization for K-1 with you when you get your SSN because it explains that you don't need and EAD stamp in order to get an SSN. On the document it literally says:

"A nonimmigrant in K-1 alien status is authorized to work based on that status and is no longer required to show an employment authorization document (EAD) as proof of employment authorization when applying for a Social Security Number (SSN) card.".

And a little further is says:

"Some I-94's are stamped or annotated "EMPLOYMENT AUTHORIZED", and some are not. Either way, the I-94 is proof the K-1 alien is authorized to work.".

Here's the whole page: http://www.kamya.com/ssn/em00154.pdf

Now, does this actually mean that an EAD stamp is not needed to work and that the K1 visa alone is enough? Or does it simply mean that an EAD stamp is not needed to get an SSN? The way I read it, it says that a holder of a K1 visa is allowed to work. But it's a govermnemt form so I'm not sure I completely trust this If this means I do not have to go through JFK to get that stamp, I won't. I normally don't go through there to visit my SO either.

It does say what you think it says but it may or may not play out that way in reality. If it does, the work authorization is only good until 90 days after entry, which is not enough time to get a more permanent EAD. Some would argue that if you stay at the same job, the liability is on the employer and since your EAD is filed and pending, its up to them whether to keep you on. It's a gray area in my mind.

[Stardust72 0]

It does say what you think it says but it may or may not play out that way in reality. If it does, the work authorization is only good until 90 days after entry, which is not enough time to get a more permanent EAD. Some would argue that if you stay at the same job, the liability is on the employer and since your EAD is filed and pending, its up to them whether to keep you on. It's a gray area in my mind.

But if it does say what I think it does, then it makes no difference whether I get the temporary EAD stamp or not, right? Either way, I'd only be allowed to work the first 90 days, is that correct? I was thinking of doing some sort of temp job until we get married. I don't want to take any risk so after we get married I plan on not working until I get my permanent EAD.

[Stardust72 0]

Anyone??

[LaL 418]

It does say what you think it says but it may or may not play out that way in reality. If it does, the work authorization is only good until 90 days after entry, which is not enough time to get a more permanent EAD. Some would argue that if you stay at the same job, the liability is on the employer and since your EAD is filed and pending, its up to them whether to keep you on. It's a gray area in my mind.

But if it does say what I think it does, then it makes no difference whether I get the temporary EAD stamp or not, right? Either way, I'd only be allowed to work the first 90 days, is that correct? I was thinking of doing some sort of temp job until we get married. I don't want to take any risk so after we get married I plan on not working until I get my permanent EAD.

Have you looked at the requirements for the I-9? That would be a good place to start to see if you have all the necessary documentation required by an employer.

[Kez/JWolf 6]

You will find it very hard to get a temp job without having evidence that you are employment authorized....

Kez

[bakofoil 27]

But if the OP is applying for an SSN and they issue a work authorised card based on this memo then the OP has proof of work authorisation. Correct?

I find it unusual to say the least that JFK is basically the only place the I-94 stamped and it makes sense there was a reason for other POE's to stop issuing temp EAD's i.e. a memo that didn't circulate quite as effectively as it should have.

I can understand some of the responses here because some say the JFK stamp isn't worth very much since it is only temporary and employers prefer to take someone on long term. However, if there is a means of risking not going through JFK and having an chance of some work before AOS then I believe this might be worth investigating further. Interesting post. Thank you to the OP for posting this.

[bakofoil 27]

From the SSA:

Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688B).

Source: https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

RM00203.500C.1. states the following:

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

The list includes K1 visa holder

Am I reading this wrong?

Edited February 11, 2008 by babblesgirl

[cellarlily 0]

We went round and round with this one between two immigration lawyers, the HR department of my husband's company and Visa Journey. While the SS website does say that K-1s are employment authorized (which is absolutely true), the I-9 specifically asks for proof of that authorization. Without the stamp (valid for 90 days) or EAD card, you have zero proof to show an employer that you are eligible to work regardless of your K-1 status. It's annoying, stupid, frustrating, etc, but it is what it is. Get the JFK stamp or wait until you file for AOS and are issued your EAD. Those are your (legal) options.

[bakofoil 27]

We went round and round with this one between two immigration lawyers, the HR department of my husband's company and Visa Journey. While the SS website does say that K-1s are employment authorized (which is absolutely true), the I-9 specifically asks for proof of that authorization. Without the stamp (valid for 90 days) or EAD card, you have zero proof to show an employer that you are eligible to work regardless of your K-1 status. It's annoying, stupid, frustrating, etc, but it is what it is. Get the JFK stamp or wait until you file for AOS and are issued your EAD. Those are your (legal) options.

Thanks for replying. I hoped someone would reply who had direct experience and knowledge of the relevant literature. I'm just wondering why a work-authorised SSN can't be issued given the wording on the SSA website. I'm not really sure what the I-9 is (is this different to the I-94). I am just looking for the means to make life easier when I finally arrive in the US. However, if two immigration lawyers and an HR dept won't budge on this then I doubt I'm going to get much further

[cellarlily 0]

Well, actually we had two immigration lawyers say he was okay to work based on his K-1 status, but the HR department was iffy because of the I-9 requirements, which they were right to be as the HR department was correct. (The I-9 details the requirements for employees that employers must check for. See the requirements here: http://www.uscis.gov/files/form/i-9.pdf) Since one of the sections on the I-9 is "An alien permitted to work until ___ date", you need to have an expiration date, which you will not have unless you have the stamp or the EAD card.

It's seriously such a headache, but we did go through it and it's not worth it to try to fight any employer or HR department about the really dumb practices of USCIS. Just go through JFK and if that's not an option, file for AOS and EAD as soon as possible, then get a SS card without the restrictions printed on them.

[bakofoil 27]

Well, actually we had two immigration lawyers say he was okay to work based on his K-1 status, but the HR department was iffy because of the I-9 requirements, which they were right to be as the HR department was correct. (The I-9 details the requirements for employees that employers must check for. See the requirements here: http://www.uscis.gov/files/form/i-9.pdf) Since one of the sections on the I-9 is "An alien permitted to work until ___ date", you need to have an expiration date, which you will not have unless you have the stamp or the EAD card.

It's seriously such a headache, but we did go through it and it's not worth it to try to fight any employer or HR department about the really dumb practices of USCIS. Just go through JFK and if that's not an option, file for AOS and EAD as soon as possible, then get a SS card without the restrictions printed on them.

Thanks again for the information. You've been very helpful

[cellarlily 0]

No problem! Good luck on your move here!

[Stardust72 0]

Well, actually we had two immigration lawyers say he was okay to work based on his K-1 status, but the HR department was iffy because of the I-9 requirements, which they were right to be as the HR department was correct. (The I-9 details the requirements for employees that employers must check for. See the requirements here: http://www.uscis.gov/files/form/i-9.pdf) Since one of the sections on the I-9 is "An alien permitted to work until ___ date", you need to have an expiration date, which you will not have unless you have the stamp or the EAD card.

Thanks for the reply. There's just one thing I don't understand about this. Doesn't the validity of the temporary EAD end on the day you get married and apply for AOS? That's the way I understood it. If so, the validity of the K1 visa is exactly the same as that of the EAD document, which is 90 days unless you get married sooner. In that case, the date you fill out on the I-9 form is exactly the same and it wouldn't make a difference. There's probably something I'm overlooking. But I am just like babblesgirl, looking for the means to make life easier when I finally arrive in the US.

[bakofoil 27]

Well, actually we had two immigration lawyers say he was okay to work based on his K-1 status, but the HR department was iffy because of the I-9 requirements, which they were right to be as the HR department was correct. (The I-9 details the requirements for employees that employers must check for. See the requirements here: http://www.uscis.gov/files/form/i-9.pdf) Since one of the sections on the I-9 is "An alien permitted to work until ___ date", you need to have an expiration date, which you will not have unless you have the stamp or the EAD card.

Thanks for the reply. There's just one thing I don't understand about this. Doesn't the validity of the temporary EAD end on the day you get married and apply for AOS? That's the way I understood it. If so, the validity of the K1 visa is exactly the same as that of the EAD document, which is 90 days unless you get married sooner. In that case, the date you fill out on the I-9 form is exactly the same and it wouldn't make a difference. There's probably something I'm overlooking. But I am just like babblesgirl, looking for the means to make life easier when I finally arrive in the US.

That's the way I'm reading it too. I suppose though, however much we think there is a way around getting the JFK stamp, cellarlily's experience is probably indicative of how much of a wall there is here. It's incredibly frustrating to me how inconsistent some of the issues are associated with visa applications. I don't understand, for example, why the govt is intent on us not becoming a public charge but makes it difficult for us to actually help support our families unless of course you travel through JFK. Nonsensical *shrugs*