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

[photon 0]

I am still looking for a straight answer to this question. My inclination is to say that no you don't need EAD but too some of the comments here have left me totally confused. Can we please get a simple answer yes you need EAD or no you don't? Also I would like to know what happens after marriage - can the K-1 holder continue to work while waiting for EAD and change of status?

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.

Does anybody else understand this? If you look at the Social Security Administration's website https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500 it states:

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.

The list that appears below this statement sure enough includes K-1. From this it seems that K-1 holders *are* qualified to work. Where are you getting this other confusing stuff about the I-9, POEs, stamps, and so on? Please provide actual references with web links to back up your statements because without them I have no idea what you are talking about or whether to take your comments seriously.

[Yodrak 7]

photon,

First, recognize the difference between EA and EAD. The former is a benefit, the latter is a spedific document (the 'D' in EAD) confirming that one has the benefit.

Second recognize the difference between SSA policy for issuing SS cards and federal law for employers who want to hire an employee. The former only needs to know that one is EA, no EAD required. The latter needs the EAD.

The law also says that an employer is responsible to keep track of its employees' status, and that if an employee is EA, and has applied for an EAD, they have 3 days to show the employer evidence of having applied for an EAD and 90 days to show the EAD to the employer. The issue here that many people fail to recognize is the underlying 'if' and the difference between EA and EAD. But as a practical matter, it's what the employer says that matters most - if the employer will allow you to work you can work, if the employer will not allow you to work you cannot work. So the answer to your last question can only be answered by the employer, not by anyone here at VJ.

Yodrak

I am still looking for a straight answer to this question. My inclination is to say that no you don't need EAD but too some of the comments here have left me totally confused. Can we please get a simple answer yes you need EAD or no you don't? Also I would like to know what happens after marriage - can the K-1 holder continue to work while waiting for EAD and change of status?

[meauxna 15]

That seems rather silly that the government allows you to work yet they don't make that info available to potential employers ...

Agreed.

Guess what their solution is? K-1s will not be employment authorized at all, until they get their AOS-application EAD in the mail.

http://britishexpats.com/forum/showthread.php?t=395333

[theresa 0]

Is there any agency that I can ask for clarification? It will make a difference for my fiance, if she can work only with K1 Visa, since she already have a SSN.

[Saddle Bronc 124]

The temp (90-day, nonrenewable) EAD is useful only for those who HAVE to work immediately after entering.

For the OP, getting this is expensive and troublesome (you need to go across the country to Halifax and then fly to JFK to do this--as the 90-day EAD is NOT issued at any PFI).

[NYCityGirl 0]

Soooo confused - my fiance is Canadian and he lived in the US years ago so he has a permanent SSN/card (not one that says 'valid with INS authorization only').

Am I understanding this right??? once he gets here, if he finds a job he can start working right away with the K1/SScard he has. BUT, if he does not get the EAD before his K1 expires the employer would have to let him go? Could he be kept on with evidence the EAD is pending?

And how long does the EAD approval take?

Thank you,

[Waiting in Vancouver 6]

Soooo confused - my fiance is Canadian and he lived in the US years ago so he has a permanent SSN/card (not one that says 'valid with INS authorization only').

Am I understanding this right??? once he gets here, if he finds a job he can start working right away with the K1/SScard he has. BUT, if he does not get the EAD before his K1 expires the employer would have to let him go? Could he be kept on with evidence the EAD is pending?

And how long does the EAD approval take?

Thank you,

Atleast being a canadian and arriving in the US on a K-1 visa your fiance will be able to collect Canadian EI during the time he is waiting for his EAD regardless if he gets an temp EAD at his POE ...

I just received my first checks in the mail yesterday and I am currently waiting for my EAD / GC ...

[meauxna 15]

K-1s who would like to work before they have their one-year EAD should investigate form I-9; this is the form that employers are required to complete when hiring someone.

You'll see there what evidence the employer needs. The passport EAD stamp (valid for the first 90 days) is an Employment Authorization Document.

Main point of note: Employers complete form I-9 (or not). This type of K-1 employment is very employer-dependant.

Second note: A Social Security card is not a valid emplyment document unless it is paired with another type of document. Please see form I-9.

[Krikit 1,165]

K-1s who would like to work before they have their one-year EAD should investigate form I-9; this is the form that employers are required to complete when hiring someone.

You'll see there what evidence the employer needs. The passport EAD stamp (valid for the first 90 days) is an Employment Authorization Document.

Main point of note: Employers complete form I-9 (or not). This type of K-1 employment is very employer-dependant.

Second note: A Social Security card is not a valid emplyment document unless it is paired with another type of document. Please see form I-9.

Here's the link: http://www.uscis.gov/graphics/formsfee/forms/i-9.htm

[Yodrak 7]

NYCityGirl,

No, he cannot. But an employer might not recognize that he cannot, given the SS card that he has, if the employer does not ask all the questions that they should.

Recognize that the SSA does not grant employment authorization and an SS card does not document one's employment status.

Yodrak

...

Am I understanding this right??? once he gets here, if he finds a job he can start working right away with the K1/SScard he has. .....

[Saddle Bronc 124]

Soooo confused - my fiance is Canadian and he lived in the US years ago so he has a permanent SSN/card (not one that says 'valid with INS authorization only').

Am I understanding this right??? once he gets here, if he finds a job he can start working right away with the K1/SScard he has.

No, the K-1 alone is not enough as work authorisation. However, it IS possible to get a 90-day nonextendable temp EAD at JFK (only if the bene clears immigrations/customs at JFK's POE!). For most Canadians, it is much easier to do the processing at the PFI and "wait-out" till "regular" EAD is in hand.

BUT, if he does not get the EAD before his K1 expires the employer would have to let him go?

yes, if he actually found one willing to hire with the restriction (assuming he actually entered through JFK)

Could he be kept on with evidence the EAD is pending?

No

And how long does the EAD approval take?

Thank you,

You can get an IDEA from https://egov.immigration.gov/cris/jsps/Proc...eCenter=Vermont.

Edited October 3, 2006 by CherryXS

[Yodrak 7]

CherryXS,

'No' is correct if he is not EA. If he is EA, then the answer is 'yes'.

EA and EAD are not the same thing, even though many people incorrectly use the acronyms interchangeably. Sometimes the difference can be significant.

Yodrak

Could he be kept on with evidence the EAD is pending?

No