The 411 on the EAD for the K-1

[olafgypsy 0]

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

[snapcracklepop 0]

Wow OlafGypsy thanks for the 411 - I was about to dive into the murky depths of K1 EAD madness - you've saved me my sanity!

I hope you and your fiance are having a ton of fun now that you're finally together

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

[Carlawarla 1]

You will NOT find anyone to hire you on a K-1 without an EAD unless you have a stamp on your passport given to you upon arrival in very few places exempt maybe JFK. There have even been VJ'ers who have that stamp and employers are not hiring them because they know they'll have to let them go in 90 days. MOST people do not get their EAD within 90 days of arrival, unless they get married immediately, and get their paperwork in immediately.

Secondly, your SSN will have on it, on the card, NOT authorized to work without DHS approval. This part on the card won't be removed, until you show them paperwork that you HAVE been approved to work.

Edited September 11, 2008 by Carlawarla