K1 work before EAD? Guides here say no, but ssa.gov says YES

[Rito 28]

My fiance got his K1 visa and will be coming to the US on May 14. The Guides and forums here are quite clear that he'll need to receive his EAD before he can work. However, I was looking at the Social Security Administration site today, and they make it seem like K1 visa holders *can* work before EAD:

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

.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an

EAD

before the alien can start working.

....

K-1 Fiancé(e) of U.S. citizen

Is the SSA wrong? Has a policy been changed? It'd be awesome if my fiance can work before EAD, but this seems too good to be true. Anyone know what the deal is?

[milimelo 4,479]

My fiance got his K1 visa and will be coming to the US on May 14. The Guides and forums here are quite clear that he'll need to receive his EAD before he can work. However, I was looking at the Social Security Administration site today, and they make it seem like K1 visa holders *can* work before EAD:

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

.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an

EAD

before the alien can start working.

....

K-1 Fiancé(e) of U.S. citizen

Is the SSA wrong? Has a policy been changed? It'd be awesome if my fiance can work before EAD, but this seems too good to be true. Anyone know what the deal is?

SSA is not the one that issues EADs - it's USCIS that says who is employment authorized. Per I-9 (also found on uscis.gov) if you don't have EAD (with fee) you're not employment authorized. There is a whole thread pinned about this very topic so you may want to read it as well. There was a I-9 rule change last year that clarified that K-1s are not employment authorized.

[Rito 28]

But the SSA page makes it clear that some employers will ask for an EAD, but one is not required. It seems that at least the government information here is contradictory.

[Rito 28]

SSA is not the one that issues EADs - it's USCIS that says who is employment authorized. Per I-9 (also found on uscis.gov) if you don't have EAD (with fee) you're not employment authorized. There is a whole thread pinned about this very topic so you may want to read it as well. There was a I-9 rule change last year that clarified that K-1s are not employment authorized.

Also, I see no pinned thread on EAD. The three pinned threads in the main AOS forum do not have it. Got a link?

[Usui Takumi 1,562]

Also, I see no pinned thread on EAD. The three pinned threads in the main AOS forum do not have it. Got a link?

Look in the working forum. http://www.visajourney.com/forums/forum/115-working-traveling-during-us-immigration/

Basically SSA has no authority on regulating if an immigrant can work. Without EAD you can not work for a US employer in the US.

Edited May 5, 2010 by Sousuke

[VanessaTony 3,567]

Also, I see no pinned thread on EAD. The three pinned threads in the main AOS forum do not have it. Got a link?

That's because it's not in the AOS section because its technically not an AOS topic. here is the proper forum: http://www.visajourney.com/forums/forum/115-working-traveling-during-us-immigration/ you can see the EAD pinned topic up the top.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to working prior to getting your GC**

[belinda63 3,038]

When you obtain the social security card it will be stamped across the face something like "Not valid for work without DHS authorization". What will you show in addition to the social security card to prove you are authorized to work?

[Rito 28]

When you obtain the social security card it will be stamped across the face something like "Not valid for work without DHS authorization". What will you show in addition to the social security card to prove you are authorized to work?

Damn, it's really inexcusable that the language on the SSA website I linked is basically incorrect. The government doesn't even understand its own policies, yet expects us to?

Edited May 5, 2010 by Rito

[marriedtomrg 141]

The SSN (printed on a card) and your EAD are presented to show you are authorized to work.

When you obtain the social security card it will be stamped across the face something like "Not valid for work without DHS authorization". What will you show in addition to the social security card to prove you are authorized to work?

[VanessaTony 3,567]

The SSN (printed on a card) and your EAD are presented to show you are authorized to work.

It was question formed in order to answer the OP. Not because the person was actually asking.

[I'm Gone 60]

Damn, it's really inexcusable that the language on the SSA website I linked is basically incorrect. The government doesn't even understand its own policies, yet expects us to?

RM 00203.500 C1 is SSA procedure to assign SSNs and issued SSN cards. You should not interprete it to mean anything else. SSA is not responsible for issuing or determining work authorization.

Go read this:

http://www.ssa.gov/oig/ADOBEPDF/A-08-07-17044.pdf

[Rebecca Jo 1,962]

RM 00203.500 C1 is SSA procedure to assign SSNs and issued SSN cards. You should not interprete it to mean anything else. SSA is not responsible for issuing or determining work authorization.

Go read this:

http://www.ssa.gov/oig/ADOBEPDF/A-08-07-17044.pdf

What a major bookmarking opportunity.

Thanks for that.