Social Security and Right to Work?

[setherwyn 0]

it's is wrong, it's annoying, makes you angry, but it is what we have to do.

it took me 64 days to get my EAD card, time enough to get used to the city, enjoy my husband and organize my home.

we are kinda tight, but i have 3 job interviews this week and i feel very positive carry on!

[bigdog 377]

You will need your EAD, hang in there. SS does not know the rules.

[lilly1986 5]

i also have a kind of related questions...is it ok before i have EAD or GC to work voluntary? or do internships? Without payments of course. I would really start to do something right away when i get there.

Why do you think they are wrong! I don't understand this resistance to the fact that a K1 Visa can work up to the 90 days allowed. This is absolutley correct.

So it´s ok to work now?? This is a lil confusing now to me....

[Dave&Roza 748]

Why do you think they are wrong! I don't understand this resistance to the fact that a K1 Visa can work up to the 90 days allowed. This is absolutley correct.

Because ALL EMPLOYERS MUST complete an I-9 form. Check out the I-9 form here. You must provide the documents in List A or documents in List B AND List C. List A does not have anyhwhere listed a foreign passport with a K-1 visa listed. It only has documents you will obtain AFTER filing for AOS. List C does mention the SSC but it does have a statement about it not having those words about requiring work authorization (again that which you receive AFTER AOS). Most states now will not isue a DL unless you can prove you are a LPR. So what document are you going to use for List A? If you really want to research this, go to the US Code of Fereral Regulations here and see that is states that a K-1 visaholder MUST have authorization from the granting agency in order to legally work in the US (I.e. USCIS with the EAD card or GC).

Dave

Edited November 10, 2011 by Dave&Roza

[Operator 1,927]

Because ALL EMPLOYERS MUST complete an I-9 form. Check out the I-9 form here. You must provide the documents in List A or documents in List B AND List C. List A does not have anyhwhere listed a foreign passport with a K-1 visa listed. It only has documents you will obtain AFTER filing for AOS. List C does mention the SSC but it does have a statement about it not having those words about requiring work authorization (again that which you receive AFTER AOS). Most states now will not isue a DL unless you can prove you are a LPR. So what document are you going to use for List A? If you really want to research this, go to the US Code of Fereral Regulations here and see that is states that a K-1 visaholder MUST have authorization from the granting agency in order to legally work in the US (I.e. USCIS with the EAD card or GC).

Dave

Great link to the CFR! Good info to have.

[Joandjo 20]

Great link to the CFR! Good info to have.

I fill out I-9's and Hire regularly. I am talking now to a K1 Visa holder from Mexico as I type this. When he was Hired we checked the Box Alien Authorized to Work and fill it out properly. We hire Mexicans every day here. Seldom do we hire K1's but we do hire them.

[VanessaTony 3,567]

I fill out I-9's and Hire regularly. I am talking now to a K1 Visa holder from Mexico as I type this. When he was Hired we checked the Box Alien Authorized to Work and fill it out properly. We hire Mexicans every day here. Seldom do we hire K1's but we do hire them.

He is not legally able to work. You are breaking the law and will receive a VERY LARGE fine when caught. What ID did he present that conforms to the I-9 requirements? A K1 has nothing that fits the requirements as they are NOT legally able to work without DHS authorization (AS THEIR SSN WOULD SAY!!). Again, you are breaking the law and hiring workers who are not legally able to work. Disagree? Feel free to call ICE and have them come by the check the papers of the people you've employed. If you know you're doing it legally you have nothing to worry about right? Then please come back and tell us exactly how much you were fined (remember you fined per PERSON). Not to mention fraudulently claiming people are legal to work on a legal document when they're not... Ahh the mess you have created for yourself and your illegally working employees.

Edited November 10, 2011 by Vanessa&Tony

[VanessaTony 3,567]

This travel.state.gov link: http://travel.state.gov/visa/immigrants/types/types_2994.html#18 has a section about working in the US which links you to here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.

You will see NO reference to being able to work without the EAD. The EAD is REQUIRED. However applying for the EAD prior to AOS means it's only valid for 90 days.

I sincerely hope this is your company that you're putting at risk by misunderstanding and BREAKING the law. If it's someone elses company, I hope you let your employer know that you've been wrong all along so they may fire the illegal workers or at least start saving for the extrememly large fine.

[Joandjo 20]

The I9 has a section 1. Employee Verification where the emoployee has a selection of boxes to check. The K1 Visa holder once they've received their Social Security card they would bring their Foreign Passport with the Visa and Stamp (Temporary I-551) then they check the box Alien Authorized to work.

We get audited regularly and you guys can believe what you want. Beware of these Visa Journey links. I've been watching people give advice and I don't know most of the answers or how to get my fiancee here. But I know who to hire and how to hire them.

Good luck to you guys and check the USCIS link for everything I just said. We have Internal INS audits here every 90 days and INS audits about once a year at one of our facilities. I'm gonna back off of this and just let you guys do what ever it is you do.Look At List A and List C

[ceadsearc 516]

Are you sure you are talking about k-1 holders? The 551 stamp is like a temporary green card granting permanent residency. A k-1 holder wouldn't have that unless their AOS was approved and they were a PR.

[Dave&Roza 748]

The I9 has a section 1. Employee Verification where the emoployee has a selection of boxes to check. The K1 Visa holder once they've received their Social Security card they would bring their Foreign Passport with the Visa and Stamp (Temporary I-551) then they check the box Alien Authorized to work.

We get audited regularly and you guys can believe what you want. Beware of these Visa Journey links. I've been watching people give advice and I don't know most of the answers or how to get my fiancee here. But I know who to hire and how to hire them.

Good luck to you guys and check the USCIS link for everything I just said. We have Internal INS audits here every 90 days and INS audits about once a year at one of our facilities. I'm gonna back off of this and just let you guys do what ever it is you do.Look At List A and List C

You are now comparing apples to oranges. The temporary I-551 stamp IS the EAD. Most of us are talking about a K-1 visa holder entering the US. Then married or not trying to get work BEFORE filing AOS. That is where all the confusion occurs. A K-1 visa hold is not allowed to legally work unless they have the EAD, GC or the I-551 stamp. Those are the List A documents. Everyone else is assuming no List A documents and a SSC with the "Not valid for work without DHS Authorization" how do you complete the I-9 form?

Dave

[Joandjo 20]

The I9 has a section 1. Employee Verification where the emoployee has a selection of boxes to check. The K1 Visa holder once they've received their Social Security card they would bring their Foreign Passport with the Visa and Stamp (Temporary I-551) then they check the box Alien Authorized to work.

We get audited regularly and you guys can believe what you want. Beware of these Visa Journey links. I've been watching people give advice and I don't know most of the answers or how to get my fiancee here. But I know who to hire and how to hire them.

Good luck to you guys and check the USCIS link for everything I just said. We have Internal INS audits here every 90 days and INS audits about once a year at one of our facilities. I'm gonna back off of this and just let you guys do what ever it is you do.Look At List A and List C

Hiring practices and laws vary from state to state so there can be state requirements that prevail but these seldom require Federal Documents like the EAD. Attorneys and service companies may be requiring the EAD so they can charge you for a service you don't need. That's the only reason I can think of for such a blatent aviodance of the K1 Visa holders Alien Allowed to Work status. I'll add to this that I am in Texas and this is how we satisfy the NIS or Federal government. We are a "Right To Work" state.

[VanessaTony 3,567]

The I9 has a section 1. Employee Verification where the emoployee has a selection of boxes to check. The K1 Visa holder once they've received their Social Security card they would bring their Foreign Passport with the Visa and Stamp (Temporary I-551) then they check the box Alien Authorized to work.

We get audited regularly and you guys can believe what you want. Beware of these Visa Journey links. I've been watching people give advice and I don't know most of the answers or how to get my fiancee here. But I know who to hire and how to hire them.

Good luck to you guys and check the USCIS link for everything I just said. We have Internal INS audits here every 90 days and INS audits about once a year at one of our facilities. I'm gonna back off of this and just let you guys do what ever it is you do.Look At List A and List C

Lol you're funny. The I-551 stamp is the GC stamp so of course the person would be authorized to work.

if you're talking the EAD stamp still being given, that ended a LONG time ago. They still give out the stamp but it's not valid. Internal INS Audits? it's called USCIS now, not INS. And once a year? The person would have their legal document by then and the illegal hire would be irrelevant.

[VanessaTony 3,567]

Hiring practices and laws vary from state to state so there can be state requirements that prevail but these seldom require Federal Documents like the EAD. Attorneys and service companies may be requiring the EAD so they can charge you for a service you don't need. That's the only reason I can think of for such a blatent aviodance of the K1 Visa holders Alien Allowed to Work status. I'll add to this that I am in Texas and this is how we satisfy the NIS or Federal government. We are a "Right To Work" state.

Once again, you are talking about illegal hiring practices and again I suggest you contact ICE or a reputable immigration attorney. The problem is you don't seem to have any idea about what constitutes legal work documents AND you seem to misunderstand terms. Read the I-9 again. Here is the recent one: http://www.uscis.gov/files/form/i-9.pdf You told us to look at section A and C... I suggest YOU do this.

You can see you need section A OR section B or C. Section A and C discuss employment authorization. Section A, K1 (prior to filing for AOS) does not have ANY of these documents. If they file for AOS they will eventually have #2 and possibly #4. You stated you let people work with an I-551 stamp. That's the GC stamp which means they aren't K1 anymore, they're LPRs. Again NONE of these things will work on a K1 until you have filed for AOS and obtained an EAD or GC. The K1 visa itself is permission for nothing, neither is the i-765 stamp it MUST be the physical card. Section C, again NONE apply to a K1 prior to filing AOS, eventually once they've filed AOS (and I-765 which is the EAD) they will have the EAD so fulfil #8.

Here is the book for employers: http://www.uscis.gov/files/form/m-274.pdf

I'm sorry, again, but you're WRONG. STOP risking people's status by allowing them to work illegally. On a K1 once they AOS it's forgiven but it doesn't mean they can't get into LOTS of trouble if caught. Not to mention you have been signing these I-9's stating that you're telling the truth, that you've sighted the legal documents which you have NOT.

Either you are mistaken about what you think you're seeing, or you're breaking the law. The K1 has not been work eligible for many years.

Again, it appears you don't know what you're talking about. You are breaking the law. Immigration law has regular updates. It seems you have not kept up with the changes. I suggest, if you don't want to risk ICE or pay an attorney, is you go speak to someone in a reputable, large company and ask them what is work Authorization. You are very VERY wrong.

Please read the rules before bringing your fiancee here, you are grossly misinformed and that is VERY dangerous for your fiancee and her status.

Edited November 10, 2011 by Vanessa&Tony

[Helen Louise Pile 80]

Why do you think they are wrong! I don't understand this resistance to the fact that a K1 Visa can work up to the 90 days allowed. This is absolutley correct.

Yes...with the EAD or greencard, which they have to apply for after entry. K1 cannot work with SSN alone. That's why they are wrong.