K1/EAD/Self-employment

[watson323 0]

I've read some conflicting posts on K1 and work authorization. Is one automatically authorized to work with a K1 visa, or do you *need* temporary authorization (e.g., by getting the 90-day EAD at JFK)? I know that an employer won't hire you without the proper stamps (and some don't accept the stamp as proof), but my fiance will be self-employed. He'll be a small business owner, and likely the sole employee for some time. Can he start/manage his own business on the K1, or does he need an EAD?

[watson323 0]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

[Inky 1,110]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

Yes K-1 does not get EAD stamps. You have to marry and apply AOS for EAD card to work before you obtain your green card.

[watson323 0]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

Yes K-1 does not get EAD stamps. You have to marry and apply AOS for EAD card to work before you obtain your green card.

I know the stamp they give no longer works with I-9s, but does that preclude you from employing yourself?

[Inky 1,110]

You are NOT allowed to work on a k-1 visa untill you obtain either EAD or Green Card by filing for AOS.

[jomegared 0]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

Link please?

[watson323 0]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

Link please?

I don't have an official source. Only: http://www.visajourney.com/forums/lofivers...hp/t182690.html

[Gary and Alla 3,694]

I've read some conflicting posts on K1 and work authorization. Is one automatically authorized to work with a K1 visa, or do you *need* temporary authorization (e.g., by getting the 90-day EAD at JFK)? I know that an employer won't hire you without the proper stamps (and some don't accept the stamp as proof), but my fiance will be self-employed. He'll be a small business owner, and likely the sole employee for some time. Can he start/manage his own business on the K1, or does he need an EAD?

There is NO conflict except among people that are uninformed. K1s cannot work without an EAD. The stamp at JFK is NOT an EAD. YOu will have to get married and file for the AOS and wait for the EAD. See the pinned topic at the the top of the "Working before green card" forum.

Any employer that accepts the stamp as "proof" for a K1 is in violation of the law.

A K1 can start a business or be owner/co-owner of a business but cannot be paid and cannot have employment until he has a green card or EAD

[Gary and Alla 3,694]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

Link please?

They did not stop giving the stamp. They gave it to our 13 year old K2 son when he arrived, they gave ot to our 18 year old K2 to follow son in July. It is a useless stap and does not authorize work

The only link you need is to google the I-9 form which is required for all employers to fill out. A k-1 will not meet those qualifications. The form was clarified in February of this year.

See the pinned topics in the "working before green card forum"

K1 is NOT a work authorized visa and CBP officers at POEs do not make that determination

[Gary and Alla 3,694]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

Yes K-1 does not get EAD stamps. You have to marry and apply AOS for EAD card to work before you obtain your green card.

I know the stamp they give no longer works with I-9s, but does that preclude you from employing yourself?

YES

It precludes employment, period. Owning a business is NOT employment, it is INVESTMENT, do not cofuse the two. Employment is being paid for work. A K1 cannot be paid for working in the USA until they have an EAD or Green Card. To do so is illegal and can cause problems with the adjustment of status.

[payxibka 10,045]

I just read they stopped giving temp EAD at JFK as of June 1, 2009. Is that the case?

Yes K-1 does not get EAD stamps. You have to marry and apply AOS for EAD card to work before you obtain your green card.

I know the stamp they give no longer works with I-9s, but does that preclude you from employing yourself?

YES

It precludes employment, period. Owning a business is NOT employment, it is INVESTMENT, do not cofuse the two. Employment is being paid for work. A K1 cannot be paid for working in the USA until they have an EAD or Green Card. To do so is illegal and can cause problems with the adjustment of status.

Owning a business is an investment... Actively working for that business is employment....

Edited November 8, 2009 by payxibka

[Gene & Susan 1]

Owning a business is an investment... Actively working for that business is employment....

Well, I am a business owner, I do the work in my business. I don't pay myself a salary. Therefore I am not employed in the strictest sense. I think there is lee-way for interpretation of employment when you own the business you work in. But that is just my opinion. I do profit from the income of my business, I just don't pay myself a regular pay-check. Its a moot point for me, as I am a U.S. Citizen, I am just thinking.

[pushbrk 12,898]

Well, I am a business owner, I do the work in my business. I don't pay myself a salary. Therefore I am not employed in the strictest sense. I think there is lee-way for interpretation of employment when you own the business you work in. But that is just my opinion. I do profit from the income of my business, I just don't pay myself a regular pay-check. Its a moot point for me, as I am a U.S. Citizen, I am just thinking.

I think it's kind of cutting a fine line and I don't have a legal opinion on this but I've always thought of of it this way. If you are required to sign an I-9 form, you are "employed". "Proprietors" don't sign I-9 forms. Clearly making an investment is allowed but is being a proprietor active in running the business without LPR status or an EAD, forbidden by law even though it is not "employment".

I am not employed either but I have an SSN. I've known a number of proprietors who only had ITIN's.

[watson323 0]

sorry guys. i ended up starting a new thread re: the self-employment issue b/c i figured this one was more about the EAD stamp

http://www.visajourney.com/forums/index.ph...amp;pid=3472893

Edited November 8, 2009 by watson323

[rebeccajo 14]

Moving this thread to Working and Traveling forum.