Is A K1 authorized to work without an EAD?

[Angela & Paul 12]

What's befuddling is that the SS office is not going by their own books, or why they are not updating the books.

I am wondering why there has not been any class-action lawsuit against the SS office on the matter.

I guess all of us are happy to get our EAD a few months later.

And since we're talking about oddities related to EAD, why is JFK giving the EAD stamp and no other airport does? This one has been bugging me for a while. There must be a reason! Can't pinpoint it though...

[rebeccajo 14]

Information written by the Social Security Administration can be confusing.

A K1 is eligible to work - "work authorized". Some classes of aliens are not. That's the first point in understanding what's up with those Social Security memos, which are written for employees of the Social Security Administration. What the guidance tells the clerks is if a foreign-born person comes into their offices with a K1 visa in their passport and requests a Social Security number, pending the production of a couple of other documents like their birth certificate and an I94 showing when they entered the US, the clerk can issue them a Social Security number.

The Social Security card issued will have written across the face of it something like this - "Valid For Employment Only with USCIS Approval".

Keep in mind that SS numbers in the US are used for lots of other things beside obtaining employment, such as obtaining Medicaid, filing income taxes, etc. So a person might need a SS number even if they never intend to work. BUT - anybody who wants to work must have a number - US citizen or not.

In the case of a K1, the SSA (Social Security Administration) by scrawling these words across the card, is essentially saying "we have given this person a number, but this number alone does not mean they can legally work".

SSA is not "not going by their own books". They aren't the authority that determines whether an alien can work. They are but a cog in the chain.

Any alien who is work eligible must possess documents to prove it. The I9, signed by all persons (foreign born or otherwise) when they are hired, tells an employer what documents an individual must possess in order to prove they are work eligible.

Confusing? Yes.

The link pasted above is handy in that it cuts through the murk and CLEARLY states what each immigrant category needs from USCIS to prove their work eligibility, rather than making us figure it out "backwards" when we try to interpret the I9 instructions.

Edited March 21, 2009 by rebeccajo

[Saka 0]

Ok so having that work authorization stamp on my I-94 and SSN is not enough to start working? Am I understand it correct?

[Khadijah1 0]

Good 411 to know . Thx

[Eric-Pris 1,606]

I disagree. I firmly believe that having an EAD stamp allows you to work. According to the OP, you must have been issued an EAD in order to work.

The stamp at POE that some people are issued is an EAD. It's not a designer stamp to look pretty in your passport. It's an official, government-issued, temporary Employment Authorization Document.

Ok so having that work authorization stamp on my I-94 and SSN is not enough to start working? Am I understand it correct?

That's what the OP is trying to say. Personally, I disagree with it. A stamp is a temporary Employment Authorization Document, issued by the US government.

[rebeccajo 14]

I disagree. I firmly believe that having an EAD stamp allows you to work. According to the OP, you must have been issued an EAD in order to work.

The stamp at POE that some people are issued is an EAD. It's not a designer stamp to look pretty in your passport. It's an official, government-issued, temporary Employment Authorization Document.

Ok so having that work authorization stamp on my I-94 and SSN is not enough to start working? Am I understand it correct?

That's what the OP is trying to say. Personally, I disagree with it. A stamp is a temporary Employment Authorization Document, issued by the US government.

From the Employer's Handbook (for use with the I9 form), which further clarifies the link at the top of this thread:

"Most employees who present a foreign passport in combination with a Form I-94 or I-94A are restricted to work for their petitioning employer. If you did not submit a petition for an employee who presents such documentation, then that nonimmigrant worker is not usually authorized to work for you.

The table below lists the nonimmigrant classifications that indicate that an employee is authorized to work incident to status. Such classifications will be indicated on Form I-94 or I-94A.

A-1, A-2, A-3, E-1, E-2, E-3, G-1, G-2, G-3, G-4, G-5, H-1B, H-1C, H-2A, H-2B, H-3, J-1, L-1, NATO-1 to NATO-6, NATO-7, O-1, P-1, Q-1, R-1, TN."

Edited September 29, 2009 by rebeccajo

[TracyTN 237]

Thanks for all the info Becca. Helps to unravel this issue.

[Texanadian 10]

The interesting thing about Social Security cards are that there are 3 different cards they can give out.

1) The regular one that US citizens have and K-1's with AOS can get.

2) The "valid for work only with DHS authorization" card that K-1's get before they have EAD or AOS.

3) The "not valid for work" card that is given out to people living in the US who aren't allowed to work. (students, parents of immigrants etc)

I suppose SS could give out #3 to K-1's when they get here. But that would mean that a K-1 would have to go back to the SS office and get card #1 after they have an EAD or AOS. Giving them #2 simply saves them time as it eliminates the need to go back and get a #1 after they have EAD or AOS. However most of us prefer to go back anyways and get the regular #1 later on anyways.

(The reason I use EAD or AOS in my explanations above is that for myself, I got the AOS before I got my EAD...Sent away for both of them at the same time. Go figure)

I'm assuming that the intent behind the 90 day stamps that JFK gives out was that at least "in theory" a person would get married immediately upon entering the USA and then submit for EAD. And that EAD would arrive just around the time that the 90 days expires. Reality on the other hand shows that that is nearly impossible.

As for why JFK gives out the stamp? It's anybody's guess. Some standardized rules would be nice.

One confusing part though. How many K-1's are there with petitioning employers that could use that 90 days? Probably less than 1%.

[TracyTN 237]

The interesting thing about Social Security cards are that there are 3 different cards they can give out.

1) The regular one that US citizens have and K-1's with AOS can get.

2) The "valid for work only with DHS authorization" card that K-1's get before they have EAD or AOS.

3) The "not valid for work" card that is given out to people living in the US who aren't allowed to work. (students, parents of immigrants etc)

I suppose SS could give out #3 to K-1's when they get here. But that would mean that a K-1 would have to go back to the SS office and get card #1 after they have an EAD or AOS. Giving them #2 simply saves them time as it eliminates the need to go back and get a #1 after they have EAD or AOS. However most of us prefer to go back anyways and get the regular #1 later on anyways.

They could give a #3, except the SSA sees K1 entrants as work authorized upon entry - at least for THEIR purposes. See the link in my sig. So that makes #3 invalid from their perspective.

[I'm Gone 60]

You can only be assigned a non work authorized SSN and issued the non work authorized card if you have a valid non work reason. They don't issue these to any alien unless they have a valid non work reason and that includes students and parents of immigrants.

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510

A. Policy - evidence requirements for obtaining an SSN for nonwork purposes

SSA will not assign an SSN to an alien currently in lawful immigration status in the U.S. or residing outside the U.S., who does not have DHS work authorization unless the alien has a valid nonwork reason for an SSN.

1. Valid Nonwork Reasons

The only valid nonwork reasons are:

-- Federal statute or regulation requires that the alien provide his/her SSN to get the particular benefit or service to which he or she has otherwise established entitlement;

-- State or local law requires the alien who is legally in the U.S. to provide his/her SSN to get public assistance benefits to which the alien has otherwise established entitlement and for which all other requirements have been met.

Edited February 18, 2010 by I Quit

[netsatwork 0]

I'm assuming that the intent behind the 90 day stamps that JFK gives out was that at least "in theory" a person would get married immediately upon entering the USA and then submit for EAD. And that EAD would arrive just around the time that the 90 days expires. Reality on the other hand shows that that is nearly impossible.

One confusing part though. How many K-1's are there with petitioning employers that could use that 90 days? Probably less than 1%.

My fiance is hopefully coming home soon on her K1. She already has a SS with the "valid for work only with DHS authorization" designation on it from her previous stay in the US as a student. IF she went through JFK and was able to get a 90 day stamp AND we got married and applied for EAD and AOS right away, would she still really need to wait for the official EAD before working?

I am trying to understand your last statement from your post more clearly. Thanks.

[netsatwork 0]

I think I may have found my answer on a different post. It seems like the stamp is no longer valid, so the best way is marriage as soon as we can and then apply for AOS and EAD.

Please let me know if that is wrong. Thanks.

[edp333 9]

I think I may have found my answer on a different post. It seems like the stamp is no longer valid, so the best way is marriage as soon as we can and then apply for AOS and EAD.

Please let me know if that is wrong. Thanks.

This is correct.

[moroccogirlny 100]

My fiance entered through JFK and received a EAD stamp for 90 days. We applied for a SS card and received that stating "valid for employment only". The EAD expires in May, we will marry in April and file AOS immediately however must he stop working until he receives the new EAD? Any help appreciated.

[milimelo 4,466]

My fiance entered through JFK and received a EAD stamp for 90 days. We applied for a SS card and received that stating "valid for employment only". The EAD expires in May, we will marry in April and file AOS immediately however must he stop working until he receives the new EAD? Any help appreciated.

If he is working now without EAD card he is working illegally.