is it illegal to work without employment authorization??????

[Ed+Cindy 1]

So my understanding of all this is:

A k-1 holder can work (provided they get a SS#), because a K-1 can work without the DHS authorization.

That K-1 holder would satisfy the requirements of the I9 document by using the SS card are work permission.

The gray area for me is if there is any time after the 90 days expire before the EAD is received, technically they would be working illegally during that time. However, if you file the AOS soon after arriving, you can probably avoid any 'down time' in employment eligibility.

(this had been my understanding of K-1 since ages ago, until people starting posting that they can no longer work until EAD is received).

Edited May 1, 2009 by Ed+Cindy

[JeremyR 8]

While it is illegal to work without EAD, as the spouse of a US citizen, any illegal work you have done will be forgiven at AOS and will not cause denial of your case.

Are you sure you're not thinking about overstay, which has historically been 'forgiven' at AOS time. I've certainly not heard of people being forgiven for illegal work when attending their AOS interview. Indeed, you'll find that people who have worked illegally and then filed AOS are typically not given advice here beyond "get a lawyer, you're gonna need one."

Bottom Line:

What the SSA says is irrelevant. They're not the people who decide which non-citizens are work authorised and which is not. The only reason a K-1 is 'work authorised' is so that the alien can get a social security number in the event that they live in an area where one is required to obtain a marriage license. Even if the K-1 gets the 'EAD stamp' from JFK, they cannot meet the requirements of the new I-9 (which IIRC, calls for the employment authorisation document to have a photo). I haven't been on VJ all that long but this particular point has been argued ad nauseum and the eventual consensus is always the same. For that reason, it's probably better to think of a K-1 as being "SSN authorised" rather than "employment authorised". The SSN card the K-1 alien gets has a printed "Valid for work only with DHS auth" restriction that will cause any employer to ask to see an EAD or a GC.

In any case, even if you do get past the I-9, unless your I-765 NOA1 date is the same as your date of entry (i.e. impossible), you won't get the EAD in time and will have to quit on expiry of the I-94 anyway. It's almost pointless

[AngelSaint 0]

You can actually work in 90days only (I-94validity) but of course the employer has always the right to look for EAD, SSN or any DHS certification of your stay or your certification that you are allowed to work. With K1 case, you can always apply for SSN which is needed for employment. Yes, it will be indicated in your card "Allowed to work with valid DHS certification" and that is your I-94. But the consequence here is, There is only few people or employer who will allow you to work withinin 90days...few and very seldom to find unlike if you know your employer or if that employer is your friend or whosoever.

My suggestion, just wait for your EAD card...mine was approved in 56days only and the card is valid for 1 yr. Sounds practical to do... But the information i provided in my other post is just to let K1 holders about their previledge to work...

[Lonelysoul80 2]

I am pretty sure you can work while your waiting for your AOS to complete.. If you have an employer offering you a job take it and work and tell them you have filed your EAD.. My then fiance did call USCIS and they told him, i can work as long as my employer doesnt mind waiting or answering if questions are asked.

I was continuing my employment with the same firm i was working while i was in India and they wanted me to continue and said they dint mind.. i have been working since the day i got here and i have even asked the tax people and they have said that they shouldnt be any complications as long as the taxes are filed.

IT IS NOT ILLEGAL as your paying the govt and filing for those months you have worked.

[freetv 7]

Oh here we go again....

It is illegal for a K-1 to work without EAD in hand. Period. There is no loophole...regardless of what the below says. Heck, K-1's are entitled to an SS card after arriving, before they adjust status and members routinely report that they're turned away from SSA offices because the people there don't know their own policies....

Actually, according to https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 you can work without an EAD.

"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.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working."

It goes on to list (among others) K-1 visa holders.

The question is not whether or not the SSA people now their own policies, the question is "is it legal for a K-1 holder to work without an EAD". Seems to me that SSA says YES! No loophole, just the law.

A whole different set of questions is how you are going to get someone to hire you without one.

There you go... There is "the law" and then there is "how it really works".

[JeremyR 8]

head/desk

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head/desk

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head/desk

OK, leaving to one side the issue of legality of K-1's working without an EAD, when you undertake employment (unless it's under the table which is a whole different and equally illegal kettle of fish) then the employer MUST complete a form I-9 with you. You must show both proof of identity and proof of employment eligibility to complete this form.

Please cast your eye over the last page of the form (the acceptable documents list) and explain to me how a K-1 with no EAD can satisfy the requirements (which are: EITHER one document from column A OR one document from each of columns B and C).

[freetv 7]

Really the whole point of this topic is kind of pointless outside of simple discussion. You had to prove an I-134 to get the visa and getting a green card shouldn't be longer than 6 months (for many ppl), and anyone willing to risk everything for some low paying job (I doubt a corporation will hire someone with good pay without an ead) is insane to say the least.

[TayRivers 4]

I will post this in this topic as well as the one it was originally posted in because it sets out very clearly that K1 Visa holders are NOT authorized to work, even with the temp EAD stamp.

Have a read of the information below. It has been taken from the Employers Handbook for the Form I-9. You will see that nowhere does it mention K1 Visa holders. My HR Department just did a E-Verify on a K1 who claimed she was employment authorized and it came back as "Not Authorized"

http://www.uscis.gov/files/nativedocuments/m-274.pdf

27. Q. My employee has presented a foreign passport with a Form I-94 or I-94A (List A, Item 5) indicating an employment-authorized nonimmigrant status. How do I know if this nonimmigrant status authorizes the employee to work?

A. You, as the employer, likely have submitted a petition to USCIS on a nonimmigrant worker’s behalf. However, there are some exceptions to this rule:

1. You made an offer of employment to a Canadian passport holder who entered the United States under NAFTA with an offer letter from your company. This nonimmigrant worker will have a Form I-94 or Form I-94A indicating TN status, and may present either a passport or a valid Canadian driver’s license in combination with Form I-94 or Form I-94A.

2. A student working in on-campus employment or participating in curricular practical training. (See questions 28 and 29.)

3. A J-1 exchange visitor. (See question 34.)

Most employees who present a foreign passport in combination with a Form I-94 or I-94A (List A, Item 5) 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.

[Bobby+Umit 161]

I will post this in this topic as well as the one it was originally posted in because it sets out very clearly that K1 Visa holders are NOT authorized to work, even with the temp EAD stamp.

Nice info - thanks!

Edited May 2, 2009 by Bobby_Umit

[Old Dominion 26]

The issue is not about "work" -- it is about being employed. A person can work as a volunteer, or work for a friend, so long as it is without pay. Anything else is a huge risk and it's not worth it. An EAD is granted within 90 days of applying.

[Carlos and Jocel 2]

hello everyone.. i just want to know if it is illegal for me to work without employment authorization .....I am here in US by a K-1 visa holder and i was married last april 18, 2009...and now we are appying for aos,ead,and I-131....anyone knows about it???????????thanks

OO, intayin mo na lang mga papeles mo para di ka mapaalis sa USA kase bawal yan. Goodluck! If its legal to work in the US without authorization then we will be all fighting for a job by now.

[I AM NOT THAT GUY 5,715]

The easy answer is no. The complete answer is a little fuzzy. If you are out of status, then no, you can not legally work. If you are in status, then consider the following:

The EAD is proof of eligibility to work, same as the Permanent Resident card. The EAD will not be issued unless the alien is eligible to work. That is a technical argument that can be made, however, few employers will accept it. The employer has no way to verify your eligibility without the documentation, and unless the employer subscribes to E-Verify, the DHS will not answer questions regarding a specific case.

[katej0203 1]

My employer never took me out of their system, once my I94 had expired, and I left the job.

Will it show up? Will USCIS think I am still working? Do they do a check on your SSN or anything? Just worried that they might not believe me, especially as my EAD has come through, and I am going back to the same employer....!

[TinTin and Samby 11]

I have always found this thread to be the clearest explanaton of why K1's are not eligible to work before receiving their Emploment Authorization Document, regardless of the seeming contradictions in wording of many SSA, USCIS and other documents.

http://www.visajourney.com/forums/index.ph...p;#entry1709354

Warm Regards,

Samby

[rheanick 42]

hello everyone.. i just want to know if it is illegal for me to work without employment authorization .....I am here in US by a K-1 visa holder and i was married last april 18, 2009...and now we are appying for aos,ead,and I-131....anyone knows about it???????????thanks

Its illegal to work without EAD.

If it is legal without EAD... i would have been working as soon as i land here.