Work authorization in passport not valid for work?

[Nicoxcx 1]

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

Although the I9 is ready to expire it states that the Temporary stamp IS proof of valid work authorization but it doesn't state if there are any other factors.

This is definitely a debated subject.

[ACINLOVE 2]

You are a very nice person RSN,

In one post you told me I am ignorant (my theories so me) and you are telling me to read (thanks I did it)

Anyway....I am a nice person....I want to thank you for all your answers and help.....

I agree with you that k1 visas need to apply for EAD but in that appendix I don't find any solution to my question.

Could you be very kind to guide through the exact line in the text that says the POE stamp is not valid?

Thank again

[Eric-Pris 1,606]

Yes, this can be debated forever. It seems that some people are hung up on the part that says must be applied for.

I put more weight on the requirement that an EAD must be issued. An EAD is required to work. At POE at JFK, people are issued a temporary EAD. Therefore, they can work.

That's my last post on this, it can be debated forever based on the vague language and the fact that DHS officers are telling people they can work and people have an official EAD stamp that states "Employment Authorized Until _____"

[ACINLOVE 2]

I absolutely agree with you.

I have a stamp in my passport issued by an officer stating I have work authorization for 90 days.

Thank you

[Anh map 2,098]

What people obtaining the stamp have run into is that they are not in the E-Verify system that an employer may use to confirm work authorization. USCIS E-Verify Link In those cases employers are reluctant to accept the person as legally employable and wait until the person is in the system, typically when the EAD is issued.

There have been numerous debates and threads here on VJ since the stamp has stopped being given at practically all POE's. For most K1's arriving since the change they have had little success using the stamp, even though the I9 form has a provision for it. The employer/HR dept. is going to err on the side of caution so that they don't get slapped with a fine.

Best of luck to you, but if the E-Verify trips you up, you may have to wait for EAD.

[Sherri and Matt 1]

1. 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.

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

The entire document is found in the K-1 guide section under the SS# guide. A K-1 Visa holder's work eligibility is inherent in their Visa status, and K-1 IS on the list of those able to work WITHOUT specific DHS authorization. The I-94 stating they are here for 90 days under a K-1 visa IS their authorization.

The problem is it is only good for 90 days after entry, and if your EAD is not processed by then, you would no longer be eligible to work. If you took a job, you might not be able to keep it. It has absolutely nothing to do with POE, and has nothing to do with jealousy over who gets a stamp and who doesn't. The reason other POE's don't do the stamp, is because it is redundant for a K-1 visa holder.

Edited September 28, 2009 by Sherri and Matt

[rsn 135]

You are a very nice person RSN,

In one post you told me I am ignorant

You might want to read my post again and take notice of the post I was referring to.

[Jenn and Fuat 2]

A stamp is an temporary EAD. Therefore, you have the Employment Authoization Document which is required to work per that website. Once it expires, you can't work, until you receive a new EAD.

I am not an expert on this, by any means, but I am the HR Director where I work. We have several hundred J1 visa students that work with us every year... This year, one of our past employees came back on a K1. He came through JFK and he also received the EAD stamp on his I-94 card.

I had never heard of this, so contacted someone I knew at the Department of State. She told me that this used to be very common and that K1 visa holders could get the stamp at POE, but that it is being fazed out. Only done at a few locations right now.

He came in July and was given the stamp at JFK.. it allowed him to work until his K1 expired. It IS a valid EAD

[rsn 135]

Yes, this can be debated forever. It seems that some people are hung up on the part that says must be applied for.

I put more weight on the requirement that an EAD must be issued. An EAD is required to work. At POE at JFK, people are issued a temporary EAD. Therefore, they can work.

That's my last post on this, it can be debated forever based on the vague language and the fact that DHS officers are telling people they can work and people have an official EAD stamp that states "Employment Authorized Until _____"

Put weight on & disregard whatever words you want if it makes your feel better. It's there in plain English in the release from USCIS.

[belinda63 3,038]

There is a new I-9 which came out August 2009, see link in prior post this thread.

It specifically list all the documents an employer may accept as proof of eligibility to work.

Employment authorization document issued by the Department of Homeland Security.

This is the relevant line you are looking for.

Was your EAD stamp at JFK a document issued by DHS? I do not think Customs is DHS. This is only my opinion

In the end the decision is up to your potential employer. As a former manager I would be hesitant to accept it.

Maybe yes, maybe no.

[rsn 135]

A stamp is an temporary EAD. Therefore, you have the Employment Authoization Document which is required to work per that website. Once it expires, you can't work, until you receive a new EAD.

I am not an expert on this, by any means, but I am the HR Director where I work. We have several hundred J1 visa students that work with us every year... This year, one of our past employees came back on a K1. He came through JFK and he also received the EAD stamp on his I-94 card.

I had never heard of this, so contacted someone I knew at the Department of State. She told me that this used to be very common and that K1 visa holders could get the stamp at POE, but that it is being fazed out. Only done at a few locations right now.

He came in July and was given the stamp at JFK.. it allowed him to work until his K1 expired. It IS a valid EAD

Have a look at this post which takes a passage from the USCIS handbook for employers.

[JERIII 8]

There is a new I-9 which came out August 2009, see link in prior post this thread.

It specifically list all the documents an employer may accept as proof of eligibility to work.

Employment authorization document issued by the Department of Homeland Security.

This is the relevant line you are looking for.

Was your EAD stamp at JFK a document issued by DHS? I do not think Customs is DHS. This is only my opinion

In the end the decision is up to your potential employer. As a former manager I would be hesitant to accept it.

Maybe yes, maybe no.

Customs and Border Protection is certainly part of DHS.

[rsn 135]

And another link to a post which I think clearly explains why the stamp issued at NY POE does not allow a K1 holder to legally work: http://www.visajourney.com/forums/index.ph...t&p=3117206

[rebeccajo 14]

There's no need for it to be a hot topic.

You need a plastic EAD card.

Thank you Eric-Pris,

I agree with you and I need to see with my own eyes the USCIS law about that stamp!

The pinned thread at the top of the Working in America forums gives links to documentation directly from USCIS.

[rsn 135]

There's no need for it to be a hot topic.

You need a plastic EAD card.