Work authorization in passport not valid for work?

[TracyTN 237]

I work for local govenment in the HR Department. We had a staff training day with DHS back in June to go over the new I-9 and E-Verify system that all government departments now have to use.

Because of my interest in immigration I asked for information on the stamp given at JFK and some land crossings and I was told that the temp EAD stamp is valid for employment when it is endorsing a non-immigrant visa that is for a specific employer. The employer will be named on the non-immigrant visa and the stamp acts as a temp EAD until the person gets the EAD card in the mail, much in the same way as a immigrant visa becomes a temp greencard once stamped at POE and is valid for work and travel until the actual greencard is issued by USCIS.

I also asked about K1 visa holders and the I-9 and the Stamp. I was told that a K1 visa holder must apply and be approved for a EAD under catagory A6 before thay would be authorized to work and that without a EAD card the can not comply with the requirements of the I-9, if they apply for the EAD in catagory A6 it will be valid for a period of 90 days from the date of entry into the USA. It can not be extended or renewed.

I was also told that K1 visa holders are given a SSN because some states require a SSN in order for people to get married. Full details of the visas that are allowed to work with the temp EAD stamp can be found in the employers manual on the USCIS website.

Tay

Thank you! All of that makes sense to me, except the part in bold. I thought the EAD cards that K1ers received (that they filed for using category A6) were valid for a year? Where'd this '90 days from entry' come from?

[Usui Takumi 1,562]

I also asked about K1 visa holders and the I-9 and the Stamp. I was told that a K1 visa holder must apply and be approved for a EAD under catagory A6 before thay would be authorized to work and that without a EAD card the can not comply with the requirements of the I-9, if they apply for the EAD in catagory A6 it will be valid for a period of 90 days from the date of entry into the USA. It can not be extended or renewed.

Tay

I really think they need to put this in writing that the K1 is specifically excluded, it would shore up a lot of confusion for people because they never come out and say it writing.

Ironically if you look at the ombudsman report a few years ago it seems that USCIS had the intention to go the other direction (ie. give K1's a full EAD on arrival)

I wonder why the shift occurred?

I work for local govenment in the HR Department. We had a staff training day with DHS back in June to go over the new I-9 and E-Verify system that all government departments now have to use.

Because of my interest in immigration I asked for information on the stamp given at JFK and some land crossings and I was told that the temp EAD stamp is valid for employment when it is endorsing a non-immigrant visa that is for a specific employer. The employer will be named on the non-immigrant visa and the stamp acts as a temp EAD until the person gets the EAD card in the mail, much in the same way as a immigrant visa becomes a temp greencard once stamped at POE and is valid for work and travel until the actual greencard is issued by USCIS.

I also asked about K1 visa holders and the I-9 and the Stamp. I was told that a K1 visa holder must apply and be approved for a EAD under catagory A6 before thay would be authorized to work and that without a EAD card the can not comply with the requirements of the I-9, if they apply for the EAD in catagory A6 it will be valid for a period of 90 days from the date of entry into the USA. It can not be extended or renewed.

I was also told that K1 visa holders are given a SSN because some states require a SSN in order for people to get married. Full details of the visas that are allowed to work with the temp EAD stamp can be found in the employers manual on the USCIS website.

Tay

Thank you! All of that makes sense to me, except the part in bold. I thought the EAD cards that K1ers received (that they filed for using category A6) were valid for a year? Where'd this '90 days from entry' come from?

Its still connected to the I94 until adjustment of status is filed for (hence a waste of your money to do it right away ahead of AOS)

[Spoom 8]

It's only a waste of money if you're looking for a long-term, full time job. If you're usually self-employed like myself, three months can be quite useful.

(Of course, it's still probably a waste of money if you don't get it at the POE because you'll probably only actually get the 90-day card 80 days or more into it.)

[TracyTN 237]

Its still connected to the I94 until adjustment of status is filed for (hence a waste of your money to do it right away ahead of AOS)

I didn't even know people applied for it prior to AOS (agreed - why would you want to?). In that case, then the 90 day limit does make sense.

It's only a waste of money if you're looking for a long-term, full time job. If you're usually self-employed like myself, three months can be quite useful.

(Of course, it's still probably a waste of money if you don't get it at the POE because you'll probably only actually get the 90-day card 80 days or more into it.)

But what Tay just said reinforces the fact that 'getting it' at POE is invalid.

Edited September 29, 2009 by TracyTN

[rebeccajo 14]

lancer -

It is in writing. It's in writing in the Handbook in the section we discussed.

It's just not worded the way people want. They want it to say "K1 not work authorized", rather than deducing that omitting this category from the list is one and the same.

At any rate, you have the confirmation from Tay Rivers. I don't think anything more need be said.

[Usui Takumi 1,562]

I always read within context you don't...thats fine.

[rebeccajo 14]

I always read within context you don't...thats fine.

That was rude.

[Usui Takumi 1,562]

Are you serious? How am I being rude? If you have a problem with me bring it up in a PM.

Edited September 29, 2009 by lancer1655

[rebeccajo 14]

Are you serious? How am I being rude? If you have a problem with me bring it up in a PM.

I don't go private message to clear up a public insult.

[TayRivers 4]

here is a link to the info we were given

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.

A-1, A-2

Foreign Government Officials or employees of A-1 or A-2

A-3

Employee of an A-1, A-2

E-1, E-2, E-3

Treaty Trader/Investors

G-1, G-2, G-3, G-4

Foreign representatives or officers of an international organization

G-5

Employee of a G-1, G-2, G-3, or G-4

H-1B

Specialty Occupations, DOD workers

H-1C

Nurses in health professional shortage areas

H-2A

Temporary agricultural workers

H-2B

Temporary workers: skilled and unskilled

H-3

Trainees

J-1

Exchange visitors

L-1

Intra-company transfers

NATO-1 to NATO-6

Representatives to NATO

NATO-7

Employee of NATO representative

O-1

Individuals of extraordinary ability or achievement

P-1

Individual or team athletes, entertainment groups, or artists

Q-1

International cultural exchange visitors

R-1

Religious workers

TN

NAFTA Trade visas for Canadians or Mexicans

[TayRivers 4]

Please stop the personal attacks, this information is important to a lot of people. If you disagree with the info being given then please post the source of your information to back it up.

I do not wish to close this thread but if it continues to go downhill then we will have no choice.

Tay

[rebeccajo 14]

Tay Rivers -

This is the same information which lancer says is being taken out of context.

[Usui Takumi 1,562]

Are you serious? How am I being rude? If you have a problem with me bring it up in a PM.

I don't go private message to clear up a public insult.

Not biting RJ, I'm getting better at telling when your just trying to stir the pot.

[TayRivers 4]

Tay Rivers -

This is the same information which lancer says is being taken out of context.

lancer.... the table I have quoted is not a i.e or example it is the list of all the visa types that would be authorized to work with the I-94 and EAD stamp. If you read the whould quote you will see that it clearly states that the employer would already know the visa holder as the employer would have sponsored the employee and would be named on the visa..

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.

Edited September 29, 2009 by TayRivers

[rebeccajo 14]

Are you serious? How am I being rude? If you have a problem with me bring it up in a PM.

I don't go private message to clear up a public insult.

Not biting RJ, I'm getting better at telling when your just trying to stir the pot.

Now wait a minute. I am not "just trying to stir the pot".

You have been in these discussions before about this subject. Why are you now trying to insist the K1 is possibly work authorized when it is well established that they are not without an I765?

Edited September 29, 2009 by rebeccajo