working without EAD?

[Laura+Tom 2]

The phrase 'it's just one of those things' comes to mind.

[rebeccajo 14]

In this case, (where the alien is married to a USC but has not yet filed to adjust status) I don't know that ICE would deport her. I'd say that's case specific.

AlHayat - that's just the law, you know? There are several of life's scenario that the US government will overlook in the interest of family unity.

I find it interesting that most posters to VJ believe the entire immigration system is anti-family, yet when the occasional rule that favors family is discussed, it is regarded as 'unfair'.

Yeah, i know it is the law... and i don't think of USCIS as anti-family at all... but i do find it a bit of a legal hiccup.

Very often it seems they make it very difficult to do everything right, but doing things "illegally" can be forgiven.

It's unclear whether the original OP has a temp work stamp or not, but i can't figure out why USCIS has discontinued the interim ead for those in limbo between temp work stamp and ead. (i mean other than the fact that they are underfunded, understaffed, and disorganized themselves )

But no, i i don't mean to categorize them as anti-family.

The Service didn't discontinue the interim EAD for people in limbo between the temp stamp and the plastic card.

Such an form of work authorization has never existed.

The phrase 'it's just one of those things' comes to mind.

I think that about sums it up.

[LorriQ 0]

Regarding the I-9's - they get filed, with photo copies of the "proof" attached in the employer's files. They are only looked at if the company is audited by either the ICE or IRS. And complaints must be logged, or taxes unpaid (or questionably paid) before audits are scheduled. Few and far between.

It looks like a scary form, but that is it - looks only.

Seems a farce to me, we have millions of illegal immigrants working under and above the radar, and they nit pick the people who are trying to stay within the laws and follow the rules. Welcome to the USA!

[rebeccajo 14]

Regarding the I-9's - they get filed, with photo copies of the "proof" attached in the employer's files. They are only looked at if the company is audited by either the ICE or IRS. And complaints must be logged, or taxes unpaid (or questionably paid) before audits are scheduled. Few and far between.

It looks like a scary form, but that is it - looks only.

Seems a farce to me, we have millions of illegal immigrants working under and above the radar, and they nit pick the people who are trying to stay within the laws and follow the rules. Welcome to the USA!

It looks scary because it is.

I live in a town with a restaurant that employed only Mexicans. Everybody in town figured the workers were illegal. Apparently so did ICE, because there was a raid. And we are talking rifles in peoples faces, handcuffs and jail cells.

A raid doesn't have to come from an audit. It can come from a warrant for suspicion of trafficking in persons.

[Old Dominion 26]

the penalty for getting caught working without government authorization: detention, deportation and a ban on re-entering the U.S.

i agree with all the advice posted above.

but can i just pose a question:

Why is the penalty so severe when it is obvious the immigrant is here legally and doing everything he or she is supposed to do to live here legally & pay taxes, etc... meanwhile, if you come here illegally, work for years illegally, all that gets forgiven if you marry a US citizen?

i'm just thinking about it b/c there was another thread in this forum this week where someone did just that, was here for years, working under-the-table, happened to fall in love, happened to get married, and all their illegal work activity is just forgiven?

i don't mean to vent, it just gets me mad.

I agree that there is a lot of inequity in our immigration system. As one poster observed, however, ICE "can" choose not to apply the maximum penalty. In the case of raiding a Chinese restaurant with many illegal employees, there is little chance that it would treat one employee differently than all the rest.

[LorriQ 0]

Regarding the I-9's - they get filed, with photo copies of the "proof" attached in the employer's files. They are only looked at if the company is audited by either the ICE or IRS. And complaints must be logged, or taxes unpaid (or questionably paid) before audits are scheduled. Few and far between.

It looks like a scary form, but that is it - looks only.

Seems a farce to me, we have millions of illegal immigrants working under and above the radar, and they nit pick the people who are trying to stay within the laws and follow the rules. Welcome to the USA!

It looks scary because it is.

I live in a town with a restaurant that employed only Mexicans. Everybody in town figured the workers were illegal. Apparently so did ICE, because there was a raid. And we are talking rifles in peoples faces, handcuffs and jail cells.

A raid doesn't have to come from an audit. It can come from a warrant for suspicion of trafficking in persons.

Those are in "high probability" areas. Yes, raids are very scary - and threat of deportation horribly so. The form is what I was referring to. Not raids or threats. Paperwork.

We have had our share of ICE business since Katrina here as well. And living in a major port city, one would think it would be more than it has. Guess I am just desensitized (sp), I have lived around guns (don't own one and don't believe in them) and people carrying them all my days.

I was only discussing the I-9's and how, as a hiring employer, they are regarded and filed.

[Rocky_nBullwinkle 6]

What should we do? my wife is here on a k1 Visa. we applied for and received a social security card. The woman at the social security office who gave it to us said she could start working right away, which she has been doing for about a month. Now it has come to my attention that she can't work with out an EAD. I didn't notice it at first but the social security card says right on it; can not work with out work authorization. I am in the process of filing the Adjustment of Status forms. She is working at a Chinese restaurant as a waitress. The boss who is also Chinese said not to worry about it that the government won't catch it. but I am worried! a I asked her to quit her job, but she wants to work and is very resistant to the idea of quitting.

What should we do?:

1. quit and explain to the authorities and hope they understand.

2. quit and hope they do not catch it.

3. don't quit and hope they don't catch it. If they do tell them the Social security office said it was OK

4. other?

No problem. We did the same thing. If you show the employer the SSN with, "DHS Authorization Required", the employer just has to call the DHS Employer Information Hotline, and they will verify your status. If you look at the SSA regulations, they are adivised that certain classes of visas can work without EAD card, or EAD stamp. K-1 is one of those. We did not have any problem with the interviewer at the USCIS for our AOS interview. We even showed him her check stubs and the income reported on our last tax return.

[Linkin 0]

What should we do? my wife is here on a k1 Visa. we applied for and received a social security card. The woman at the social security office who gave it to us said she could start working right away, which she has been doing for about a month. Now it has come to my attention that she can't work with out an EAD. I didn't notice it at first but the social security card says right on it; can not work with out work authorization. I am in the process of filing the Adjustment of Status forms. She is working at a Chinese restaurant as a waitress. The boss who is also Chinese said not to worry about it that the government won't catch it. but I am worried! a I asked her to quit her job, but she wants to work and is very resistant to the idea of quitting.

What should we do?:

1. quit and explain to the authorities and hope they understand.

2. quit and hope they do not catch it.

3. don't quit and hope they don't catch it. If they do tell them the Social security office said it was OK

4. other?

First you better ask your her to quit job, it is understandable that noone would catch her, but suppose if someone catches her then what would u do. it will cause AOS would be in pending as she broke the rules that she can't work without EAD, it is a good exercise to first get the work authrization and your SSN, it will take a month or two but atleast you wouldn't have that fear that she will be caught by any authority.......bear this in mind plz...your AOS cant be rejected you ur fiance or wife is kept doing that without ead...else is upto you...she shouldn't be that eager to start earning right away but have to deal everything one by one then she can work as much and any time she wants...

[Linkin 0]

What should we do? my wife is here on a k1 Visa. we applied for and received a social security card. The woman at the social security office who gave it to us said she could start working right away, which she has been doing for about a month. Now it has come to my attention that she can't work with out an EAD. I didn't notice it at first but the social security card says right on it; can not work with out work authorization. I am in the process of filing the Adjustment of Status forms. She is working at a Chinese restaurant as a waitress. The boss who is also Chinese said not to worry about it that the government won't catch it. but I am worried! a I asked her to quit her job, but she wants to work and is very resistant to the idea of quitting.

What should we do?:

1. quit and explain to the authorities and hope they understand.

2. quit and hope they do not catch it.

3. don't quit and hope they don't catch it. If they do tell them the Social security office said it was OK

4. other?

First you better ask your her to quit job, it is understandable that noone would catch her, but suppose if someone catches her then what would u do. it will cause AOS would be in pending as she broke the rules that she can't work without EAD, it is a good exercise to first get the work authrization and your SSN, it will take a month or two but atleast you wouldn't have that fear that she will be caught by any authority.......bear this in mind plz...your AOS cant be rejected you ur fiance or wife is kept doing that without ead...else is upto you...she shouldn't be that eager to start earning right away but have to deal everything one by one then she can work as much and any time she wants...

sorry i forgot to mention onemore thing as far as i know you can't work without EAD no matter if you have SSN or not...EAD is an approval to work and SSN is used fo identification

[Degrizz 0]

Thanks for the great replies.

Ok her is some more info. Her Social Security card does says exactly: "Valid for work only with DHS Authorization". Not sure what DHS stands for? Also her I-94 is not stamped with "Employment Athorized".

-Question. I am confused if she applies for the EAD document and gets the receit can she work? or only when she receives the actual document?

- Also what does JFK have to do with anything?

[Laura+Tom 2]

JFK sometimes issues the temporary EAD (and seems to be the only POE which does), which is stamped on the I-94. This is valid for 90 days and allows the immigrant to work straight away. Appears your spouse does not have this.

Edited January 2, 2009 by Laura+Tom

[Old Dominion 26]

Thanks for the great replies.

Ok her is some more info. Her Social Security card does says exactly: "Valid for work only with DHS Authorization". Not sure what DHS stands for? Also her I-94 is not stamped with "Employment Athorized".

-Question. I am confused if she applies for the EAD document and gets the receit can she work? or only when she receives the actual document?

- Also what does JFK have to do with anything?

DHS is Dept. of Homeland Security (USCIS). DHS issues the EAD and when she has it, she can work. Those coming through John F. Kennedy Airport on Long Island often get a stamp showing they can begin work immediately.

[Rocky_nBullwinkle 6]

Thanks for the great replies.

Ok her is some more info. Her Social Security card does says exactly: "Valid for work only with DHS Authorization". Not sure what DHS stands for? Also her I-94 is not stamped with "Employment Athorized".

-Question. I am confused if she applies for the EAD document and gets the receit can she work? or only when she receives the actual document?

- Also what does JFK have to do with anything?

DHS Authorization comes in many forms:

1. EAD stamp from the POE or your loca; USCIS office, authorizing you to work.

2. EAD card, issued from the DHS.

3. Permanent Resident card, issued from the DHS.

4. The class of visa itself. The employer can contact the DHS directly to verify you are authorized to work. For further information, refer the the following publication, paying attention to Section C.

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

[rebeccajo 14]

Thanks for the great replies.

Ok her is some more info. Her Social Security card does says exactly: "Valid for work only with DHS Authorization". Not sure what DHS stands for? Also her I-94 is not stamped with "Employment Athorized".

-Question. I am confused if she applies for the EAD document and gets the receit can she work? or only when she receives the actual document?

- Also what does JFK have to do with anything?

DHS Authorization comes in many forms:

1. EAD stamp from the POE or your loca; USCIS office, authorizing you to work.

2. EAD card, issued from the DHS.

3. Permanent Resident card, issued from the DHS.

4. The class of visa itself. The employer can contact the DHS directly to verify you are authorized to work. For further information, refer the the following publication, paying attention to Section C.

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

The listed link is for the POMS, the manual used by SSA employees to administer Social Security and Supplemental Security Income.

Section C of the link merely tells the employees of the Social Security Administration who is eligible to be given a number.

When they give K1 entrants a number, they stamp big black letters on the card which say the number is only valid with DHS authorization.

The visa in the passport itself is not a document stating a K1 is work authorized. Only an official work authorization document gives permission for the alien to work.

I know it sounds like a cat chasing it's tail, but those are the rules.

[Rocky_nBullwinkle 6]

Thanks for the great replies.

Ok her is some more info. Her Social Security card does says exactly: "Valid for work only with DHS Authorization". Not sure what DHS stands for? Also her I-94 is not stamped with "Employment Athorized".

-Question. I am confused if she applies for the EAD document and gets the receit can she work? or only when she receives the actual document?

- Also what does JFK have to do with anything?

DHS Authorization comes in many forms:

1. EAD stamp from the POE or your loca; USCIS office, authorizing you to work.

2. EAD card, issued from the DHS.

3. Permanent Resident card, issued from the DHS.

4. The class of visa itself. The employer can contact the DHS directly to verify you are authorized to work. For further information, refer the the following publication, paying attention to Section C.

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

The listed link is for the POMS, the manual used by SSA employees to administer Social Security and Supplemental Security Income.

Section C of the link merely tells the employees of the Social Security Administration who is eligible to be given a number.

When they give K1 entrants a number, they stamp big black letters on the card which say the number is only valid with DHS authorization.

The visa in the passport itself is not a document stating a K1 is work authorized. Only an official work authorization document gives permission for the alien to work.

I know it sounds like a cat chasing it's tail, but those are the rules.

"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."

Seems pretty cut and dried to me. Like I said, the employer can call the DHS to verify the eligibility status of a potential employee. I believe under current law, even with an EAD or Green Card, the employer is still obligated to make the phone call.