Work authorization in passport not valid for work?

[rebeccajo 14]

I read the link. It's just another thread that somebody started. Another subjective opinion.

The link you were given is "not just another thread". It's a pinned thread - meaning it's placed at the top of the forum to definitively answer a question. Plus it has USCIS data to back it up. There's nothing subjective about it.

I should add that if an employer runs an E-Verify on you, you will come up unauthorized.

Thread has been moved to the proper forum for discussion.

Edited September 28, 2009 by rebeccajo

[htslogistics-john 1]

i am one of those employers who uses e-verify, i live near the border so i know first hand not only jfk issues this they actuallly do them at the border as well not very common tho. i have ran into a couple of this and the e-verify system does not come up un-athorized it simply states to send for further investigation at that point i could send them to ss or dhs since most of this immigrants with this stamps do not have ss yet i send them to local uscis office and than after a couple of days it comes up authorized in my system. as an employer we cannot choose what documents to accept.

i am just adding my experience with the e-verify system

ohh and i have to add it has to state on the stamp authorized employment otherwise it is not acceptable.

Edited September 29, 2009 by htslogistics-john

[rebeccajo 14]

i am one of those employers who uses e-verify, i live near the border so i know first hand not only jfk issues this they actuallly do them at the border as well not very common tho. i have ran into a couple of this and the e-verify system does not come up un-athorized it simply states to send for further investigation at that point i could send them to ss or dhs since most of this immigrants with this stamps do not have ss yet i send them to local uscis office and than after a couple of days it comes up authorized in my system. as an employer we cannot choose what documents to accept.

i am just adding my experience with the e-verify system

ohh and i have to add it has to state on the stamp authorized employment otherwise it is not acceptable.

Have you run an E-Verify on a K1 visa entrant with a work authorized I-94 after they came back to you with a restricted Social Security card?

There ARE non-immigrant categories (especially migrant worker categories) which will verify. A K1 will not.

[Spoom 8]

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.

This is very interesting. As I'm reading this, it seems to indicate that an EAD is not necessary for K-1 entrants (though derivative holders such as K-2s are not in that list). This is the Social Security Administration that has given this information, so it is an arm of the US federal government.

So who's right here? Or is this simply a case of one hand of the federal government not knowing what the other is doing?

BTW, USCBP is an arm of the Department of Homeland Security. All you have to do is go to the USCBP home page to see the DHS seal in the upper left corner. Therefore, I would argue that the stamp is DHS work authorization.

Put it this way. If you went before an immigration judge in removal proceedings due to not having work authorization and showed him the stamp, do you really think he would say "sorry, that's technically not authorization even though that's exactly what it says"? You may not get through E-Verify correctly as others have stated but the stamp says "Work Authorized", and if you can't take the government's written word, whose can you take?

[rsn 135]

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.

This is very interesting. As I'm reading this, it seems to indicate that an EAD is not necessary for K-1 entrants (though derivative holders such as K-2s are not in that list). This is the Social Security Administration that has given this information, so it is an arm of the US federal government.

So who's right here? Or is this simply a case of one hand of the federal government not knowing what the other is doing?

BTW, USCBP is an arm of the Department of Homeland Security. All you have to do is go to the USCBP home page to see the DHS seal in the upper left corner. Therefore, I would argue that the stamp is DHS work authorization.

Put it this way. If you went before an immigration judge in removal proceedings due to not having work authorization and showed him the stamp, do you really think he would say "sorry, that's technically not authorization even though that's exactly what it says"? You may not get through E-Verify correctly as others have stated but the stamp says "Work Authorized", and if you can't take the government's written word, whose can you take?

One of my friends is a lawyer, and I have been told "Ignorantia juris non excusat", that is, ignorance of the law excuses no one. The law according to USCIS, the immigration arm of the government, clearly states that K1s must apply for and receive work authorization before legally working.

[rebeccajo 14]

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.

This is very interesting. As I'm reading this, it seems to indicate that an EAD is not necessary for K-1 entrants (though derivative holders such as K-2s are not in that list). This is the Social Security Administration that has given this information, so it is an arm of the US federal government.

So who's right here? Or is this simply a case of one hand of the federal government not knowing what the other is doing?

BTW, USCBP is an arm of the Department of Homeland Security. All you have to do is go to the USCBP home page to see the DHS seal in the upper left corner. Therefore, I would argue that the stamp is DHS work authorization.

Put it this way. If you went before an immigration judge in removal proceedings due to not having work authorization and showed him the stamp, do you really think he would say "sorry, that's technically not authorization even though that's exactly what it says"? You may not get through E-Verify correctly as others have stated but the stamp says "Work Authorized", and if you can't take the government's written word, whose can you take?

This question is discussed at Post #17 in the pinned thread at the top of the this forum.

Edited September 29, 2009 by rebeccajo

[htslogistics-john 1]

i am one of those employers who uses e-verify, i live near the border so i know first hand not only jfk issues this they actuallly do them at the border as well not very common tho. i have ran into a couple of this and the e-verify system does not come up un-athorized it simply states to send for further investigation at that point i could send them to ss or dhs since most of this immigrants with this stamps do not have ss yet i send them to local uscis office and than after a couple of days it comes up authorized in my system. as an employer we cannot choose what documents to accept.

i am just adding my experience with the e-verify system

ohh and i have to add it has to state on the stamp authorized employment otherwise it is not acceptable.

Have you run an E-Verify on a K1 visa entrant with a work authorized I-94 after they came back to you with a restricted Social Security card?

There ARE non-immigrant categories (especially migrant worker categories) which will verify. A K1 will not.

i don't go by the visa itself so i would not know if they are k1 or not i go by employment authorize stamp. and some don't have ss yet.

[rebeccajo 14]

Bottom line in these discussions should be this - what does "work authorized" mean exactly?

The two words "work authorized" do not independantly declare an alien eligible to legally work. Each type of visa will have different criteria that constitutes work authorization - ie different documents will prove eligibility for different visa categories.

[Eric-Pris 1,606]

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

Thank you.

i am one of those employers who uses e-verify, i live near the border so i know first hand not only jfk issues this they actuallly do them at the border as well not very common tho. i have ran into a couple of this and the e-verify system does not come up un-athorized it simply states to send for further investigation at that point i could send them to ss or dhs since most of this immigrants with this stamps do not have ss yet i send them to local uscis office and than after a couple of days it comes up authorized in my system. as an employer we cannot choose what documents to accept.

Thank you.

Here we have empirical evidence that it is valid. An HR director and an employer say yes. Do we need the director of Homeland Security, CIS director, or maybe Obama. Who would convince us (you) that it's valid?

Why does it seem like a few members that argue against the stamp have some kind of agenda?

Edited September 29, 2009 by Eric-Pris

[rsn 135]

Yea, you're right. Printed documents issued by USCIS that refute your opinion are definitely not valid evidence. What were we all thinking? I thought you were done commenting on this issue. Please don't get my hopes up like that again. It is clear that the only one here who has an agenda is you.

[Rezak and Sharon 0]

for me i worked with the stamb i had in my passport and i didnt have any probleme but when it got expried i stopped working coz i need a work authorization that i'm still waiting for

[rsn 135]

for me i worked with the stamb i had in my passport and i didnt have any probleme but when it got expried i stopped working coz i need a work authorization that i'm still waiting for

Ok. This is not necessarily directed at you, but no one is saying that no one has ever worked with a stamp. What has been said over and over is that this is not enough to legally work after entering on a K1. Another point: just because some employers do not understand the law and allow those who enter on a K1 to work with a stamp - that does not automatically make this practice legal.

[Eric-Pris 1,606]

Yea, you're right. Printed documents issued by USCIS that refute your opinion are definitely not valid evidence. What were we all thinking?

Keep referencing those vague, ambigous documents while there is real-life evidence (see my last post) to the support the validity of the stamp.

I thought you were done commenting on this issue. Please don't get my hopes up like that again.

Show me a document that specifically states that EAD stamps issued by DHS are not valid for employment, and you will get your wish.

And don't hate... you will be able to work very soon. If you really wanted a stamp, you could've come in through JFK.

[Rezak and Sharon 0]

for me i worked with the stamb i had in my passport and i didnt have any probleme but when it got expried i stopped working coz i need a work authorization that i'm still waiting for

Ok. This is not necessarily directed at you, but no one is saying that no one has ever worked with a stamp. What has been said over and over is that this is not enough to legally work after entering on a K1. Another point: just because some employers do not understand the law and allow those who enter on a K1 to work with a stamp - that does not automatically make this practice legal.

yh true, but still there is alot proves here that you can print and take with you to the employer.......

[rsn 135]

Yea, you're right. Printed documents issued by USCIS that refute your opinion are definitely not valid evidence. What were we all thinking?

Keep referencing those vague, ambigous documents while there is real-life evidence (see my last post) to the support the validity of the stamp.

I thought you were done commenting on this issue. Please don't get my hopes up like that again.

Show me a document that specifically states that EAD stamps issued by DHS are not valid for employment, and you will get your wish.

And don't hate... you will be able to work very soon. If you really wanted a stamp, you could've come in through JFK.

1. I can already work, I'm a USC by birth
2. If CBP officers started drawing smiley-faces on visas and hand-writing "you can work where you'd like to work. Love, Your favorite CBP officer", would there need to be a passage in the USCIS document declaring that invalid, or would such a mark automatically allow the immigrant to work? The fact that the stamp is not mentioned for K1s does not automatically make it a go-ahead for the immigrant to begin working.
3. There is real-life evidence of employers doing all sorts of things. I can tell you about companies that have undocumented workers who they pay below minimum wage. They haven't run into any trouble yet, so it must be legal, right?

Nice try. Edited September 29, 2009 by rsn