Getting EAD at POE

[April + Chris 0]

I've heard you can recieve an EAD if you land in certain airports, like JFK. Is this true and which ones do this? Thanks

[Inky 1,110]

NO K-1 does NOT get EAD at POE. You have to apply for it with AOS.

[Saddle Bronc 124]

Yes, you can receive a 90-days-valid EAD if your POE is JFK airport (note: landing at JFK after clearing immigration elsewhere does not work). But it is of limited usage, as it expires at day 90 and is not renewable--and even if you do a registered-marriage the same day you land, it is highly unlikely that your AOS will be processed even to the point of EAD issuance by then.

[baron555 934]

I've heard you can recieve an EAD if you land in certain airports, like JFK. Is this true and which ones do this? Thanks

It used to be true but not any more. Only by filing AOS with EAD can one obtain it.

[April + Chris 0]

Urm....lol. Might this be on the USCIS website somewhere? Someone I can call? This would handy info to have

[Nik+Heather 121]

Urm....lol. Might this be on the USCIS website somewhere? Someone I can call? This would handy info to have

The "official" documentation you want to look at is a form I-9. This lists the documents which you must show in order to prove that you are eligible to work. You'll find that a stamped EAD in conjunction with a K-1 visa is NOT documentation which gives you work eligibility. This form was changed early in 2009, so be sure you're looking at an updated form. I know that some documentation on VJ mentions this stamp, but it is outdated...

So, even if JFK is still stamping something which says it is an EAD, it is just a waste of ink for a K-1 visa holder. You'll see more discussion on the topic in the pinned thread in the working etc. forum.

Edited September 9, 2010 by Nik+Heather

[April + Chris 0]

The "official" documentation you want to look at is a form I-9. This lists the documents which you must show in order to prove that you are eligible to work. You'll find that a stamped EAD in conjunction with a K-1 visa is NOT documentation which gives you work eligibility. This form was changed early in 2009, so be sure you're looking at an updated form. I know that some documentation on VJ mentions this stamp, but it is outdated...

So, even if JFK is still stamping something which says it is an EAD, it is just a waste of ink for a K-1 visa holder. You'll see more discussion on the topic in the pinned thread in the working etc. forum.

Thank you very much. Dang it...

[Gary and Alla 3,694]

I've heard you can recieve an EAD if you land in certain airports, like JFK. Is this true and which ones do this? Thanks

Not true.

Get her here, get married, file for AOS and EAD and wait. You will have employment authorization about 2 months after you file (typically)

[Gary and Alla 3,694]

It used to be true but not any more. Only by filing AOS with EAD can one obtain it.

Not to put too fine a point on it, but it never was true. For some time the wording of the I-9 was vague and the wording allowed some non-immigrant visa holders a loophole. Rather than "allowing" work, it made it impossible to take action against someone for employing a person who used the wording as the method to authorize work. It wasn't an authorization so much as an "affirmative defense" for a violation.

At any rate, the unclear wording was corrected last February (2009). It is now clear that K-1s are NOT work authorized without an EAD. There was no change in the law or regulations, just a clarification of words.

[Gary and Alla 3,694]

Yes, you can receive a 90-days-valid EAD if your POE is JFK airport (note: landing at JFK after clearing immigration elsewhere does not work). But it is of limited usage, as it expires at day 90 and is not renewable--and even if you do a registered-marriage the same day you land, it is highly unlikely that your AOS will be processed even to the point of EAD issuance by then.

NONE of this is correct. Disregard this.

It is preposterous, even ridiculous, to suggest that someone entering a particular POE could be authorized to work and others entering another POE could not. JFK is pretty free with the stamp, they even gave one to our 13 year old K2 son when he arrived. Why? Because the stamp means nothing without a valid WORK AUTHORIZATION and with a valid work authorization ,the stamp is not needed. It is a useless waste of ink and nothing more. CBP does not authorize work. SS administration does not authorize work. DHS, through the USCIS authorizes work and no one else.

Please stop with this nonsense.

You are obviously confusing it with the issuance of an EAD which is possible by filing immediately upon arrival at a cost of $340. This IS NOT a stamp they give at JFK. You would file an I-765, pay the fee and receive an EAD which will expire with your I-94 in 90 days. Since it takes 60+ days to issue the EAD you would be paying $340 for the privilege of being able to work for under 30 days.

Just get your fiancee here, get married and file for the AOS. The K-1 is not a work visa and the sooner people understand that the sooner they will give something other than "how fast can we get a visa" consideration in visa choice. There is always the CR-1 which authorizes workj upon entry with an I-551 stamp and you can even apply for your SS number before arrival. If working is a consideration, I suggest you use that visa.

[messi 0]

NONE of this is correct. Disregard this.

It is preposterous, even ridiculous, to suggest that someone entering a particular POE could be authorized to work and others entering another POE could not. JFK is pretty free with the stamp, they even gave one to our 13 year old K2 son when he arrived. Why? Because the stamp means nothing without a valid WORK AUTHORIZATION and with a valid work authorization ,the stamp is not needed. It is a useless waste of ink and nothing more. CBP does not authorize work. SS administration does not authorize work. DHS, through the USCIS authorizes work and no one else.

Please stop with this nonsense.

You are obviously confusing it with the issuance of an EAD which is possible by filing immediately upon arrival at a cost of $340. This IS NOT a stamp they give at JFK. You would file an I-765, pay the fee and receive an EAD which will expire with your I-94 in 90 days. Since it takes 60+ days to issue the EAD you would be paying $340 for the privilege of being able to work for under 30 days.

Just get your fiancee here, get married and file for the AOS. The K-1 is not a work visa and the sooner people understand that the sooner they will give something other than "how fast can we get a visa" consideration in visa choice. There is always the CR-1 which authorizes workj upon entry with an I-551 stamp and you can even apply for your SS number before arrival. If working is a consideration, I suggest you use that visa.

At the risk of asking a stupid question (because I have a feeling the answer is 'no'): my fiance lived and worked in the US until he got laid off and lost his work visa. but he has a SSN and valid NY drivers license. if he comes in on a K-1, in possession of drivers license and SSN, and he gets that supposedly meaningless EAD at JFK, would it be enough to work? i'm probably reading the doc list on the I-9 incorrectly, but it seems like that satisfies the requirement of one doc from column B and one doc from column C requirement?

[Nik+Heather 121]

At the risk of asking a stupid question (because I have a feeling the answer is 'no'): my fiance lived and worked in the US until he got laid off and lost his work visa. but he has a SSN and valid NY drivers license. if he comes in on a K-1, in possession of drivers license and SSN, and he gets that supposedly meaningless EAD at JFK, would it be enough to work? i'm probably reading the doc list on the I-9 incorrectly, but it seems like that satisfies the requirement of one doc from column B and one doc from column C requirement?

The SSN is restricted, surely....If the SSN card says "Not valid without DHS authorization" then it doesn't satisfy the requirements. The law specifies that a K-1 can only work with a FEE document - that's the pay $340 for an EAD valid 'til the I-94 expires deal Gary was referring to.

[Krikit 1,164]

Moving from K-1 Process to Working & Traveling forum.

[Bibi and Beebti 4]

You may be talking about the 'Employment Authorized' stamp (valid only for 90 days from date of entry) that is stamped on your arrival card in red...as opposed to EAD (Employment Authorization Document-valid for 1 year.

I actually got the stamp at JFK June 2010, but wouldn't say it's useful. Here's my experience on that:

http://www.visajourney.com/forums/topic/273727-is-k1-allowed-to-work-without-ead/page__p__4184938__fromsearch__1#entry4184938

[Cathey & Paul 0]

Question: Once my fiance gets to the US and we get married (file the I130 & I485) would we also need to file for the EAD? Not sure when he can start work once we get married... he might be taking a long vacation. Please advise:star: