Why do we need a temporary EAD with a K-1

[Waiting in Vancouver 6]

On the sticky post on this forum it recommends that K-1 Visa holders print out the (RM 00203.500: Employment Authorization for Nonimmigrants). While reading this form I found the following in Section C:

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

When you read down the chart the K-1 Visa is on this list. Am I reading this wrong or is it saying that even without the temporary EAD we can work until our I-94 expires which is 90 days from when we got the I-94.

Also on the EM-00154 that I believe I got the link from VJ says the following:

A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show employment authorization document (EAD) as proof of employment authorization when applying for a social security number (SSN) card.

When an alien in K-1 status applies for an original or replacement SSN card, accept as proof of employment authorization either an unexpired:

- 1-94 showing the alien is admitted as a K-1 for 90-day period: or

- EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category).

Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work.

Once again this appears to state that a K-1 visa holder can work for the 90 days their I-94 is valid for.

I am just looking for clarification regarding this because it seems to contradict what has been implied on many other posts.

[zyggy 9]

While it is true that K1 visa holders are authorized to work suring the 90 days the visa is valid, the problem is that no employer can fulfill their I-9 requirements to hire you without evidence of that status through either an EAD or an Amployment Authorized stamp on your I-94.

The SSA has the SAVE system so they can verify your eligibility and therefore are eligible to get an SSN. However, employers are not provy to this system and therefore have to rely on physical evidence.

[chuckandkim 0]

Answer: Your I-94 is good for 90 days the second you check-in the POE. To legally work here in the US, you will need SSN. To apply for one, you will need to wait 2 weeks after your arrival. Take 2 more weeks for SSN Card to arrive. Now you're down to 60+/- days. Find a job, interview, HR process, take another few weeks (2-4weeks). Now you're down to 30+/- days. Start working for 4 weeks then you are DONE! No more job, legally, company can not continue to employed you.

Therefore, everyone on this board will most likely to apply for EAD along with their AOS and AP within their first 90 days, instead of counting on the 90 days permission from the I-94.

That's what I understand and did for Kim. It works!

chuckandkim

[noviademexicano 0]

Yes, that's the way I understand it as well. The only problem is that once you are married and are going through AOS you need to apply for an EAD so you can work after those 90 days and most of the time there is a gap where you will not have authorization to work, hence you will need to leave your job while awaiting approval of 1 year EAD.

90 Days---- Past 90 Days--------About 90 Days after Applying

K-1-Marriage-AOS/EAD-Waiting-EAD Arrives

Work--------Can not Work-------Work

Edited August 3, 2006 by noviademexicano

[Kez/JWolf 6]

You need the stamp or a Temp EAD because when you start a job you need to fill in form I-9 and show evidence of your authorized to work... the only documents that are acceptable are EAD or I-551.... not a K1 visa...

So yes you can get a SSN with your K1 and yes technically you are allowed to work you just cant prove you are work authorised to any employer...

Hope this helps

Kezzie

[Waiting in Vancouver 6]

While it is true that K1 visa holders are authorized to work suring the 90 days the visa is valid, the problem is that no employer can fulfill their I-9 requirements to hire you without evidence of that status through either an EAD or an Amployment Authorized stamp on your I-94.

The SSA has the SAVE system so they can verify your eligibility and therefore are eligible to get an SSN. However, employers are not provy to this system and therefore have to rely on physical evidence.

That seems rather silly that the government allows you to work yet they don't make that info available to potential employers ... I am going to the SSA office today to apply for my card and was just reading this info and was surprised what I had read ... I gather my SSN card (when I get it) will say "Authorized to work with INS approval" ... And if I was to give my SSN card to a potential employer they would be looking for the EAD or temporary EAD stamp to prove this so they don't get in trouble ??

The real reason I was asking this is because if I am allowed to work in the US then I am able to apply for Canadian Employment Insurance ... I figured I paid into the system for 20 years and never had to apply for it that maybe it was time for me to take some back ...

Anyways thank you for all of the info

[ceriserose 1]

While it is true that K1 visa holders are authorized to work suring the 90 days the visa is valid, the problem is that no employer can fulfill their I-9 requirements to hire you without evidence of that status through either an EAD or an Amployment Authorized stamp on your I-94.

The SSA has the SAVE system so they can verify your eligibility and therefore are eligible to get an SSN. However, employers are not provy to this system and therefore have to rely on physical evidence.

That seems rather silly that the government allows you to work yet they don't make that info available to potential employers ... I am going to the SSA office today to apply for my card and was just reading this info and was surprised what I had read ... I gather my SSN card (when I get it) will say "Authorized to work with INS approval" ... And if I was to give my SSN card to a potential employer they would be looking for the EAD or temporary EAD stamp to prove this so they don't get in trouble ??

The real reason I was asking this is because if I am allowed to work in the US then I am able to apply for Canadian Employment Insurance ... I figured I paid into the system for 20 years and never had to apply for it that maybe it was time for me to take some back ...

Anyways thank you for all of the info

You can apply for EI now based on the K1 (in fact, Cdn govt encourages you to get into their system within 30 days of leaving your job to emigrate). When the K1 expires you inform them that you're not authorized to work and the EI stops. BUT...when the EAD comes in, you can start the benefits up again.

I'm running to work now but a lot of this is documented in the pinned thread in the Canada forum (the EI one).

[Waiting in Vancouver 6]

While it is true that K1 visa holders are authorized to work suring the 90 days the visa is valid, the problem is that no employer can fulfill their I-9 requirements to hire you without evidence of that status through either an EAD or an Amployment Authorized stamp on your I-94.

The SSA has the SAVE system so they can verify your eligibility and therefore are eligible to get an SSN. However, employers are not provy to this system and therefore have to rely on physical evidence.

That seems rather silly that the government allows you to work yet they don't make that info available to potential employers ... I am going to the SSA office today to apply for my card and was just reading this info and was surprised what I had read ... I gather my SSN card (when I get it) will say "Authorized to work with INS approval" ... And if I was to give my SSN card to a potential employer they would be looking for the EAD or temporary EAD stamp to prove this so they don't get in trouble ??

The real reason I was asking this is because if I am allowed to work in the US then I am able to apply for Canadian Employment Insurance ... I figured I paid into the system for 20 years and never had to apply for it that maybe it was time for me to take some back ...

Anyways thank you for all of the info

You can apply for EI now based on the K1 (in fact, Cdn govt encourages you to get into their system within 30 days of leaving your job to emigrate). When the K1 expires you inform them that you're not authorized to work and the EI stops. BUT...when the EAD comes in, you can start the benefits up again.

I'm running to work now but a lot of this is documented in the pinned thread in the Canada forum (the EI one).

Great I will apply and see what happens ...

[I'm Gone 60]

On the sticky post on this forum it recommends that K-1 Visa holders print out the (RM 00203.500: Employment Authorization for Nonimmigrants). While reading this form I found the following in Section C:

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

When you read down the chart the K-1 Visa is on this list. Am I reading this wrong or is it saying that even without the temporary EAD we can work until our I-94 expires which is 90 days from when we got the I-94.

Also on the EM-00154 that I believe I got the link from VJ says the following:

A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show employment authorization document (EAD) as proof of employment authorization when applying for a social security number (SSN) card.

When an alien in K-1 status applies for an original or replacement SSN card, accept as proof of employment authorization either an unexpired:

- 1-94 showing the alien is admitted as a K-1 for 90-day period: or

- EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category).

Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work.

Once again this appears to state that a K-1 visa holder can work for the 90 days their I-94 is valid for.

I am just looking for clarification regarding this because it seems to contradict what has been implied on many other posts.

OK lets take these things one at a time EM-00154 is WAY obsolete. That was an Emergency Message for processing SSN applications until POMS could be updated. RM 00203.500 C1 is the updated and current SSA procedure. However, this is only SSA procedure for assigning SSNs and issuing cards.

What matters is:

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service...

Before EM-00154 came out SSA also required K-1 to provide an EAD card or EAD stamp on the I-94 to be assigned an SSN or issued a card. The story I was given is that INS was having trouble getting EAD cards out to K-1s under catagory A6 before the 90 days the K-1 was valid expired, so SSA made an exception for K-1s.

[Waiting in Vancouver 6]

On the sticky post on this forum it recommends that K-1 Visa holders print out the (RM 00203.500: Employment Authorization for Nonimmigrants). While reading this form I found the following in Section C:

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

When you read down the chart the K-1 Visa is on this list. Am I reading this wrong or is it saying that even without the temporary EAD we can work until our I-94 expires which is 90 days from when we got the I-94.

Also on the EM-00154 that I believe I got the link from VJ says the following:

A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show employment authorization document (EAD) as proof of employment authorization when applying for a social security number (SSN) card.

When an alien in K-1 status applies for an original or replacement SSN card, accept as proof of employment authorization either an unexpired:

- 1-94 showing the alien is admitted as a K-1 for 90-day period: or

- EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category).

Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work.

Once again this appears to state that a K-1 visa holder can work for the 90 days their I-94 is valid for.

I am just looking for clarification regarding this because it seems to contradict what has been implied on many other posts.

OK lets take these things one at a time EM-00154 is WAY obsolete. That was an Emergency Message for processing SSN applications until POMS could be updated. RM 00203.500 C1 is the updated and current SSA procedure. However, this is only SSA procedure for assigning SSNs and issuing cards.

What matters is:

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service...

Before EM-00154 came out SSA also required K-1 to provide an EAD card or EAD stamp on the I-94 to be assigned an SSN or issued a card. The story I was given is that INS was having trouble getting EAD cards out to K-1s under catagory A6 before the 90 days the K-1 was valid expired, so SSA made an exception for K-1s.

now I am even more confused ....

[I'm Gone 60]

now I am even more confused ....

Go apply for your SSN, get married and then apply for your EAD card when you submit your AOS. When your EAD card arrives go get a job. In the meantime, practice saying "Do you want fries with that?" LOL

[ceriserose 1]

On the sticky post on this forum it recommends that K-1 Visa holders print out the (RM 00203.500: Employment Authorization for Nonimmigrants). While reading this form I found the following in Section C:

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

When you read down the chart the K-1 Visa is on this list. Am I reading this wrong or is it saying that even without the temporary EAD we can work until our I-94 expires which is 90 days from when we got the I-94.

Also on the EM-00154 that I believe I got the link from VJ says the following:

A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show employment authorization document (EAD) as proof of employment authorization when applying for a social security number (SSN) card.

When an alien in K-1 status applies for an original or replacement SSN card, accept as proof of employment authorization either an unexpired:

- 1-94 showing the alien is admitted as a K-1 for 90-day period: or

- EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category).

Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work.

Once again this appears to state that a K-1 visa holder can work for the 90 days their I-94 is valid for.

I am just looking for clarification regarding this because it seems to contradict what has been implied on many other posts.

OK lets take these things one at a time EM-00154 is WAY obsolete. That was an Emergency Message for processing SSN applications until POMS could be updated. RM 00203.500 C1 is the updated and current SSA procedure. However, this is only SSA procedure for assigning SSNs and issuing cards.

What matters is:

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service...

Before EM-00154 came out SSA also required K-1 to provide an EAD card or EAD stamp on the I-94 to be assigned an SSN or issued a card. The story I was given is that INS was having trouble getting EAD cards out to K-1s under catagory A6 before the 90 days the K-1 was valid expired, so SSA made an exception for K-1s.

now I am even more confused ....

You're dealing with two branches of government that don't necessarily run fluidly together.

Here's what I am reading:

The EM-00154 information is old. RM 00203.500 C1 is the current procedure.

Prior to either of these procedures, in order for a K1 to get an SSN, they had to produce an EAD stamp or card. Because the cards were apparently taking too long to get to the K1 person for them to go get an SSN, these policies (the old and new) were put in place so K1s could get an SSN without having an EAD card or stamp.

Now, most POEs don't offer the stamp. So SSA basically says that if there's a stamp in the passport it can be used as EAD proof for SSN purposes, or if there's no stamp, the I-94 can be used as such.

So that's SSA and what all that means to them.

As has been explained above by others, though, to actually work for an employer here, you need to provide proof for the I-9 form they are required to maintain on you and on that form an alien is required to provide EAD proof (card or stamp) that still has a valid date. The I-94 cannot be used in this manner for employment purposes. Ergo, to be able to work in the US during the initial 90 days that a K1 is allowed to (by that A6 clause), you need to have proof of either a stamp or card. The cards still aren't coming in a timely way, so stamp it is. And not many POEs give the stamp.

If you don't care about working in the US and your concern is Cdn EI, then they will accept a copy of the K1 visa, the I-94 showing entry date to the US and your ROE from your former employer. If you don't send the right documentation they'll send you a letter back. If you apply online (like I did) then it instructs you which documents to send and once they receive the package they will adjudicate your case.

And mdyoung, feel free to slap me down if I got the SSA part bass-ackwards.

[Waiting in Vancouver 6]

On the sticky post on this forum it recommends that K-1 Visa holders print out the (RM 00203.500: Employment Authorization for Nonimmigrants). While reading this form I found the following in Section C:

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

When you read down the chart the K-1 Visa is on this list. Am I reading this wrong or is it saying that even without the temporary EAD we can work until our I-94 expires which is 90 days from when we got the I-94.

Also on the EM-00154 that I believe I got the link from VJ says the following:

A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show employment authorization document (EAD) as proof of employment authorization when applying for a social security number (SSN) card.

When an alien in K-1 status applies for an original or replacement SSN card, accept as proof of employment authorization either an unexpired:

- 1-94 showing the alien is admitted as a K-1 for 90-day period: or

- EAD (Form I-688B showing "274A.12(A)(6)" on the face of the card under Provision of Law or Form I-766 showing "A-6" on the face of the card under Category).

Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED," and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work.

Once again this appears to state that a K-1 visa holder can work for the 90 days their I-94 is valid for.

I am just looking for clarification regarding this because it seems to contradict what has been implied on many other posts.

OK lets take these things one at a time EM-00154 is WAY obsolete. That was an Emergency Message for processing SSN applications until POMS could be updated. RM 00203.500 C1 is the updated and current SSA procedure. However, this is only SSA procedure for assigning SSNs and issuing cards.

What matters is:

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service...

Before EM-00154 came out SSA also required K-1 to provide an EAD card or EAD stamp on the I-94 to be assigned an SSN or issued a card. The story I was given is that INS was having trouble getting EAD cards out to K-1s under catagory A6 before the 90 days the K-1 was valid expired, so SSA made an exception for K-1s.

now I am even more confused ....

You're dealing with two branches of government that don't necessarily run fluidly together.

Here's what I am reading:

The EM-00154 information is old. RM 00203.500 C1 is the current procedure.

Prior to either of these procedures, in order for a K1 to get an SSN, they had to produce an EAD stamp or card. Because the cards were apparently taking too long to get to the K1 person for them to go get an SSN, these policies (the old and new) were put in place so K1s could get an SSN without having an EAD card or stamp.

Now, most POEs don't offer the stamp. So SSA basically says that if there's a stamp in the passport it can be used as EAD proof for SSN purposes, or if there's no stamp, the I-94 can be used as such.

So that's SSA and what all that means to them.

As has been explained above by others, though, to actually work for an employer here, you need to provide proof for the I-9 form they are required to maintain on you and on that form an alien is required to provide EAD proof (card or stamp) that still has a valid date. The I-94 cannot be used in this manner for employment purposes. Ergo, to be able to work in the US during the initial 90 days that a K1 is allowed to (by that A6 clause), you need to have proof of either a stamp or card. The cards still aren't coming in a timely way, so stamp it is. And not many POEs give the stamp.

If you don't care about working in the US and your concern is Cdn EI, then they will accept a copy of the K1 visa, the I-94 showing entry date to the US and your ROE from your former employer. If you don't send the right documentation they'll send you a letter back. If you apply online (like I did) then it instructs you which documents to send and once they receive the package they will adjudicate your case.

And mdyoung, feel free to slap me down if I got the SSA part bass-ackwards.

Thank you for putting that in a matter that I can understand ... So basically don't try to get a job but definately proceed in applying for Canadian EI ...

And not sure why mdyoung said "In the meantime, practice saying "Do you want fries with that?"" What were you actually trying to imply by that ??

[I'm Gone 60]

And not sure why mdyoung said "In the meantime, practice saying "Do you want fries with that?"" What were you actually trying to imply by that ??

That esoteric humor of mine. If you don't like that how about working on "Welcome to Wal-Mart." LOL

[zixuandavid 0]

My answer is that K1 doesn't need EAD... but I accept this is the minority view.

take a look here:

MINUTES OF THE SOCIAL SECURITY ADMINISTRATION AND CIS

AILA LIAISON MEETING ON SSA-RELATED ISSUES

May 8, 2006 10:00am

http://www.tomesparza.com/documents/minssocialcis.pdf

Look at #12:

"CIS and SSA also agree that K-1 fiancées do not require an EAD to evidence work authorization or to apply for an SSN, and POMS will be revised accordingly. Current guidance (to be revised) is at POMS RM00203.600"

Seems that what SS has been saying since 2000 is going to soon be accepted in CIS, that K1 does not need EAD for:

1) Evidence of work authorize OR

2) TO apply for SSN

Note the important "OR"...