Is an EAD stamp necessary for a K-1?

[greeneyedgirlfl 0]

I am completely confused and can't get a straight answer. I have studied the guides and website as pertaining to a K-1 entry, and have come to conclusion that the EAD stamp is completely worthless for the K-1 (since the K-1 itself comes with a 90-day work authorisation on its own without the stamp). Is this accurate? Darren is trying to plan his homecoming flight accordingly. Going through JFK is much more expensive than other routes, and, if the EAD is not necessary, we don't want to spend the extra money...

Thanks!!!

[Kez/JWolf 6]

I am completely confused and can't get a straight answer. I have studied the guides and website as pertaining to a K-1 entry, and have come to conclusion that the EAD stamp is completely worthless for the K-1 (since the K-1 itself comes with a 90-day work authorisation on its own without the stamp). Is this accurate? Darren is trying to plan his homecoming flight accordingly. Going through JFK is much more expensive than other routes, and, if the EAD is not necessary, we don't want to spend the extra money...

Thanks!!!

Without the EAD stamp the K1 will not meet the conditions required when completing the I-9 at the start of employment, also the EAD stamp is only valid for 90 days from entry after that you are no longer authorized to work.

The SSA look on the K1 as being employment authorized so that they can issue a SSN, the card will be issued with the notation "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." This tells an employer to request a EAD or Stamp. without that you can not be hired.

http://www.uscis.gov/files/form/i-9.pdf

Jon

Edited May 17, 2008 by Kez/JWolf

[RaTBoX 1]

I am completely confused and can't get a straight answer. I have studied the guides and website as pertaining to a K-1 entry, and have come to conclusion that the EAD stamp is completely worthless for the K-1 (since the K-1 itself comes with a 90-day work authorisation on its own without the stamp). Is this accurate? Darren is trying to plan his homecoming flight accordingly. Going through JFK is much more expensive than other routes, and, if the EAD is not necessary, we don't want to spend the extra money...

Thanks!!!

There has been a lot of discussion about this, and people do have different views which come from the information they have read and the situations they have been.

However, I disagree with those who say that K1 holders are not required to have an EAD to work and that their status as K1 holders grants them work authorization. Many people refer to the Social Security Administration POMS Section RM 00203.500 which lists K1 holders and work authorized. People seem to forget, or be unaware, that this policy is for the use of SSA staff in determining who can obtain a social security number. The SSA as a part of the government does not decide which immigrants are and are not work authorized and able to accept employment, that is the job of the Department of Homeland Security, Department of State and USCIS.

Code of Federal Regulations is a set of administrative laws for the United States and its many branches of government. Title 8 of the CFR relates to Aliens and Nationality. This is effectively the law which the USCIS must follow for processing and dealing with immigrants.

CFR Title 8 - 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. (Introductory text revised effective 10/17/07; 72 FR 53014 ) (Introductory text revised 7/30/04; 69 FR 45555 ) (Introductory text amended effective 3/4/02; 67 FR 4784 ) (Introductory text amended 9/7/01; 66 FR 46697 ) (Introductory text revised 8/14/01; 66 FR 42587 ) (Introductory text amended 6/1/01; 66 FR 29961)

(1) An alien who is a lawful permanent resident (with or without conditions pursuant to section 216 of the Act), as evidenced by Form I-551 issued by the Service. An expiration date on the Form I-551 reflects only that the card must be renewed, not that the bearer's work authorization has expired; (Final rule amending this paragraph on 9/20/93 at 58 FR 48775 did not become effective until 3/20/96; 60 FR 14353 )

(2) An alien admitted to the United States as a lawful temporary resident pursuant to section 245A or 210 of the Act, as evidenced by an employment authorization document issued by the Service;

(3) An alien admitted to the United States as a refugee pursuant to section 207 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service;

(4) An alien paroled into the United States as a refugee for the period of time in that status, as evidenced by an employment authorization document issued by the Service;

(5) An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by BCIS to the alien. An expiration date on the employment authorization document issued by BCIS reflects only that the document must be renewed, and not that the bearer's work authorization has expired. Evidence of employment authorization shall be granted in increments not exceeding 5 years for the period of time the alien remains in that status. (Revised 7/30/04; 69 FR 45555 )

(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; (Revised 8/14/01; 66 FR 42587 )

So, as we can see from Sec 274a.12 K1 holders (they are covered by (a)(6)) are authorized to work for any employer and any location incident to their status, but they MUST apply for an Employment Authorization Document under their category ((a)(6)) to be able to work. K1 is a visa class for which an I-94 stamped with K1 is not enough, it needs to be also stamped with a temporary (a)(6) stamp (this is the stamp you get in JFK) or the K1 visa holder needs to have an (a)(6) category EAD.

Does that clear it up for you?

[motu 6]

The reality is - almost no employer will hire you without a SSN and either a POE stamp or EAD - the SSN itself could take 4 to 8 weeks to obtain (in the meantime your 90 day clock is ticking). Once you marry and file for AOS and EAD etc - you are looking at another 30 day to 90 days - so you will need to stop working (if you had found a job) and wait for the EAD. In my opinion, its better to get on the AOS/EAD filing as soon as possible and explore job possibilities while waiting for the EAD - be prepared for a 4 to 6 months hiatus. Get a big list of things for him to do - to keep him busy and occupied. That said, be aware of the extra moneys you are spending with the new household size and no monetary help for up to 6 months. It is a hard process and idiotic for the govt. to force these restrictions on their soon to be new residents but most of us agree that its worth it. Good Luck with whatever you choose

Edited May 17, 2008 by motu