Social Security card and EAD

[K.Robert 0]

So I took my Financee to the Social Security office to get her card.

The lady said she was authorized for work

She came to the US on a K1

Her card shows up a week later and has her name on it, her SS# and a statement that says

“VALID FOR WORK ONLY WITH DHS AUTHORIZATION.”

I go to the Social Security website to check up on her card and find.

"The second type of card shows your name and number and notes, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.

Jump ahead to now and she wants to work, has interviewed etc.

The lady in HR has not seen a Social Security card like my financee's and is asking for a EAD or Greencard.

I thought the Social Security card is her authorization to work?

Am I missing something?

[DeeZee 0]

She needs to have her EAD before she can work that's why there's a notation on her SS card.

[JoanBill 0]

So I took my Financee to the Social Security office to get her card.

The lady said she was authorized for work

She came to the US on a K1

Her card shows up a week later and has her name on it, her SS# and a statement that says

“VALID FOR WORK ONLY WITH DHS AUTHORIZATION.”

I go to the Social Security website to check up on her card and find.

"The second type of card shows your name and number and notes, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.

Jump ahead to now and she wants to work, has interviewed etc.

The lady in HR has not seen a Social Security card like my financee's and is asking for a EAD or Greencard.

I thought the Social Security card is her authorization to work?

No

She still needs an EAD or her Greencard, which ever comes first. I think that lady might have guessed she already had an EAD.

As the statement on the card itself "VALID FOR WORK ONLY WITH DHS AUTHORIZATION".

If she have that certain stamp on her passport or on I-94 that authorize her to work, she just need to present that to her employer

or the lady who interviewed her. But I think it seldom or they don't do that by now, before they actually stamp your passport/I-94.

And you can work legally while you wait for EAD/Greencard.

[kim&james 0]

If you did not get the stamp at JFK then you will need the EAD. If you did get the stamp at JFK then you can work legally here until the I-94 expires, 90 days from entry. Problem is, there will usually be a gap between the expiration of the I-94 and the EAD arriving.

Alot of companies wont hire for a short period of time especially since they are the ones who would get into trouble if they get audited while you are not authorised in that gap period, until you can produce the EAD.

[roverdriver 0]

I don't have Laura's SS card handy to look at, but don't remember seeing that on her card.

A K-1 visa holder is automatically authorized to work.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#C1

See section C1

1. Aliens Work Authorized Without Specific DHS Authorization

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.

K-1 --- Fiancé(e) of U.S. citizen

Edited March 3, 2008 by roverdriver

[desert_fox 32]

I don't have Laura's SS card handy to look at, but don't remember seeing that on her card.

A K-1 visa holder is automatically authorized to work.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#C1

See section C1

1. Aliens Work Authorized Without Specific DHS Authorization

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.

K-1 --- Fiancé(e) of U.S. citizen

A K1 is authorized to file for a EAD..it will approved based upon her/his K1 status.

Wait until marriage to file for the EAD, as if you apply now, it will expire just about the same time that you receive it.....not worth the cost or effort.

[ELW 5]

There was a lot of discussion about this on other topics. We realized finally that yes, a K1 IS authorized to work for 90 days after arriving in USA, even without the EAD card. BUT employers generally do not know this and they demand either EAD or green card. Besides that, the permission does expire after 90 days and because of that, employers don't like to hire people with that.

Bottom line: you will have to wait for the EAD or Green Card before getting a long term, permanent job in USA.

[I'm Gone 60]

I don't know why this is so hard to understand

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS 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 fiancé 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.

------------------------------------------------------------------------------------------------------------------------

An SSN card having the legend, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION," does not mean that the number holder cannot work in the United States (U.S.). It only means that he or she cannot use the SSN card as proof of authorization to work in the United States. It does not otherwise affect the validity of the card or number.

You may also wish to review "Employer Responsibilities When Hiring Foreign Workers," that can be found on the SSA Website at:

http://www.ssa.gov/employer/hiring.htm

You can find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

Edited March 3, 2008 by I Quit

[K.Robert 0]

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

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 above is taken from the SSA website and is linked to from our (visajourney) website.

From what I can tell a K1 which falls under the class referenced is authorized to work in the US and will not have a stamp or need an EAD document.

furthermore there is no reference to the expiration of the work authorization.

Can someone clear this up?

[kim&james 0]

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

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 above is taken from the SSA website and is linked to from our (visajourney) website.

From what I can tell a K1 which falls under the class referenced is authorized to work in the US and will not have a stamp or need an EAD document.

furthermore there is no reference to the expiration of the work authorization.

Can someone clear this up?

Several points with this, only for the validity of the I-94 (for a K1 90 days). Most companies HR depts still need to see a employment authorization document to satisfy the I-9 although you can try and print out that particular piece but remember it is only valid for work for 90 days from entry, then you have to stop work while you await your EAD.

Being employment authorized and having an employment authorization document are 2 different animals.

[I'm Gone 60]

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

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 above is taken from the SSA website and is linked to from our (visajourney) website.

From what I can tell a K1 which falls under the class referenced is authorized to work in the US and will not have a stamp or need an EAD document.

furthermore there is no reference to the expiration of the work authorization.

Can someone clear this up?

Yeah that's SSA's policy to assign SSNs. No more no less.

[I'm Gone 60]

Thank God for search, so I didn't have to type this again.

At one time SSA also required a K-1 to either have an EAD card or work authorization stamp, but at that time INS was having trouble getting EAD cards out to K-1s under the A6 catagory before the 90 day K-1 period had expired. So SSA wrote the infamous EM-00154 that is now part of POMS section RM 00203.500 C1. Nothing in the law changed regarding K-1 work authorization, just SSA changed their procedure to allow K-1s to use the I-94.

[Udella&Wiz 325]

I agree, folks need to read ahead further into all the processes so you aren't surprised when something like this shows up.

Someone a few posts above worded it nicely...while you theoretically could work for 90 days when you first arrive on the K1....who do you think will hire you? No offense intended, but honestly it takes 2+ weeks until you can even go to the SS office (because you're not in the systems and they can't find you) and then it's another week or 2 till the card actually arrives. Then...what are you going to do with a card that says you have to prove work authorization.....in the meantime you may be planning a wedding and applying for AOS....so it will be approx 3 months or more from that date until your more perm EAD arrives.

So folks....give the dream up of trying to work for less then 90 days and then praying that your EAD arrives so there's no gap. I've seen so many comments on here on here about'''do you think they could make an exception just for me...' uhm no, probably not

Sorry if this sounds a little crusty and direct, but get to know the processes and follow the rules, it all falls into place eventually...enjoy a few months off while you can.

Cheers