Work authorization in passport not valid for work?

[Usui Takumi 1,562]

Sorry Tay I totally agree with you, I was referring to the section of the handbook that I had posted earlier.

[LaL 418]

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.

Yup.

[familyguy 2]

Blind reading of a manual or even an act of law itself in the absence of also reading the case law that has resulted from the same is not the wisest thing in the world to do. It can and indeed has in this thread led to eroneous conclusions being drawn. Just sayin'

Edited September 29, 2009 by familyguy

[Usui Takumi 1,562]

It also doesn't help that my manual is from 1995 and doesn't have Tay's chart

[JERIII 8]

Blind reading of a manual or even an act of law itself in the absence of also reading the case law that has resulted from the same is not the wisest thing in the world to do. It can and indeed has in this thread led to eroneous conclusions being drawn. Just sayin'

It is also important to read very very carefully. Consider the section lancer quoted earlier:

I-94 Arrival/Departure Record

Arrival-departure record issued by INS to nonimmigrant aliens. An individual in possession of the departure

portion of this document may only be employed if

the document bears an "employment authorization" stamp

or

employment incident to the nonimmigrant classification is authorized with a specific employer (i.e. A-1, A-2, A-3,

C-2, C-3, E-1, E-2, G-1, G-2, G-3, G-4, G-5, H-1A, H-1B, H-2A, H-2B, H-3, I, L-1, O-1, O-2, P-1, P-2, P-3, Q,

NATO 1-7 and TC). The expiration date is noted on the Form I-94.

Notice that the sentence gives TWO SEPARATE conditions under which employment is permitted. Either the document bears an employment authorization stamp, or employment is authorized with a specific employer incident to the non-immigrant classification. It does not say BOTH need to be true.

People in the classifications listed in the second part of the sentence are allowed to work by virtue of their visas. They do not require an EAD card or stamp, only that the I-94 list the correct Visa, and that the I-94 not be expired.

(Note: I do not believe that K-1 visa holders are authorized to work if they get the stamp, but the paragraph above certainly does not decide the point. It is entirely possible that the paragraph is miswritten as it stands. Neither does the other manual section, which is talking about workers with employment Visas. Tay's personal report is great, and I believe it, but how often have USCIS employees given us incorrect information?

In the end, this SHOULD be determined by law, or by an official policy document, and so far, I'm not sure we've seen it. But, I'm also not sure it exists.

[Usui Takumi 1,562]

Just remember that I quoted from an obsolete document. That is why I couldn't understand how anyone could bring forth clear advice from it.