Part time job

[JimVaPhuong 4,863]

It looks like it depends on who you ask which explains the confusion. This website says that the K1 visa is enough to get a SSN and work without the stamp but it would obviously require someone who understands the system better than I do to confirm this. https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1

First, the Social Security Administration does not determine whether or not someone is eligible to work. They determine only if someone is eligible to get a Social Security Number. Eligibility to work is determined by USCIS.

The SSA site is technically correct, though somewhat misleading. A K1 is eligible to get authorization to work from USCIS while their I-94 is valid. Consequently, SSA will issue a Social Security number to a K1 during that same period of time. Work authorization from USCIS comes in the form of an EAD, so a K1 can apply for an EAD as long as their I-94 is still valid. This would be pointless, however, since the K1 must pay the filing fees to apply for the EAD, and the EAD would expire on the day their I-94 expired. In addition, unless the K1 applies for the EAD shortly after arriving in the US, there's a good chance they won't receive the card before their I-94 has expired. At best, they might receive the EAD a couple of weeks before their I-94 expires, so they could work for a couple of weeks.

A K1 can't work without an EAD or green card, just like most other aliens. For all practical intents and purposes, they can't get an EAD until they've filed their adjustment of status.

The last I heard, only CBP at JFK airport were still putting work authorization stamps in the passports of K1 visa holders. Those stamps are no longer valid for work. The I9 form, which employers must collect to verify an employees eligibility to work, lists the acceptable documents that can be used to prove work eligibility. An I-766 card (EAD) is listed. An I-766 stamp in a foreign passport is not listed. Why CBP at JFK are still stamping K1 passports is a mystery to me.

[jojolicious 38]

Your work authorisation is the EAD or GC... surely you can wait a couple of months

[Darren And Crissy 11]

IMHO, the reason would be as follows:

The only reason that you can't work is because the I9 says that you need an EAD. Without an I9 you and your employer will be in big trouble!

To get an EAD you need to file I-765 which states "Other individuals who are authorized to work in the United States without restrictions should also use this form to apply for a document evidencing such authorization." so you are really only applying for evidence of your status in order to satisfy the I9.

Your SSN should not state that you require DHS approval to work because their site states that "Some non-immigrants have employment authorization by virtue of their DHS-assigned class of admission" which K-1 is one of. The problem with this is that the authorization has an expiry date which I assume is why they do this.

The real issue here is the length of time required to get the EAD which the temporary stamp used to work around before it was stopped.

You would think that the US government would welcome the extra income tax!!

[Freedove7 17]

I know what the point of EAD is but theres a diffrence between working part time and full time, and i think its pretty rude to answer a question by another question.

What is the difference? The hours? The pay? Work is work regardless.You can work, but it would be considered illegal.Wait till you get your work authorization.It'll be in your hands before you know it.

[CharlineLP 3]

Thanks for the enlightment everyone! I guess i'll just wait for my EAD then

[Dan & Jenni 457]

Thanks for the enlightment everyone! I guess i'll just wait for my EAD then

[VanessaTony 3,567]

Your SSN should not state that you require DHS approval to work because their site states that "Some non-immigrants have employment authorization by virtue of their DHS-assigned class of admission" which K-1 is one of. The problem with this is that the authorization has an expiry date which I assume is why they do this.

No. A K1 is not a work authorised visa. Have a look at the k1 visa rules, there is no reference to it being work authorised. The "some non-immigrants" are people with work visas etc, not a K1. This quote does NOT relate to a K1. Please read Jim's explanation.

Luckily the OP has said they will wait for the EAD which is the correct and LEGAL route.

[Darren And Crissy 11]

No. A K1 is not a work authorised visa. Have a look at the k1 visa rules, there is no reference to it being work authorised. The "some non-immigrants" are people with work visas etc, not a K1. This quote does NOT relate to a K1. Please read Jim's explanation.

Luckily the OP has said they will wait for the EAD which is the correct and LEGAL route.

What is is with the need to captitalize words?

I never advised the OP to work, I said that she needs the EAD to get the I9 and not to work without the I9 so I am not sure where "luckily" came into it.

"This quote does NOT relate to a K1" indicates to me that you did not actually read the link because there is no room for doubt that it clearly does in the eyes of the Social Security. The only question is does DHS agree. I can't find any reference to say that DHS/USCIS do, or do not agree but either way, you need to apply for EAD. My opinion is that it is a bit like being 21, you can legally buy a drink, but if a policeman asks you for it, you had better have your ID card.

If you would like to provide a link to back up your facts, I will gladly read it. If not, please state that it is your opinion, or the generally accepted opinion of this site.

As for Jim, in 2010 he said "Technically, a K1 is authorized to work, but only until their I-94 expires" but peoples opinions can change.

[VanessaTony 3,567]

I never advised the OP to work, I said that she needs the EAD to get the I9 and not to work without the I9 so I am not sure where "luckily" came into it.

"This quote does NOT relate to a K1" indicates to me that you did not actually read the link because there is no room for doubt that it clearly does in the eyes of the Social Security. The only question is does DHS agree. I can't find any reference to say that DHS/USCIS do, or do not agree but either way, you need to apply for EAD. My opinion is that it is a bit like being 21, you can legally buy a drink, but if a policeman asks you for it, you had better have your ID card.

If you would like to provide a link to back up your facts, I will gladly read it. If not, please state that it is your opinion, or the generally accepted opinion of this site.

As for Jim, in 2010 he said "Technically, a K1 is authorized to work, but only until their I-94 expires" but peoples opinions can change.

In your very first post you DID advise the OP that if they had "the stamp" that they were okay to work [below] which is wrong. You have since been corrected that the stamp, while still issued at some POE's, isn't valid for employment thanks to the requirements of the I-9.

If you have a red stamp on the back of the I94 in your passport indicating "Employment Authorised" you can get a SSN and work. If not then don't work until you get the Employment Authorisation Card.

You then said this:

It looks like it depends on who you ask which explains the confusion. This website says that the K1 visa is enough to get a SSN and work without the stamp but it would obviously require someone who understands the system better than I do to confirm this. https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1

You are wrong on several counts. You first said that the link you posted SAID that you can work without the stamp. It says no such thing, you believe it implies it. You said that the SSA says a K1 is work authorised, which is true (but SSA doesn't control who's able to work, as Jim explained they're work authorised in that a k1 can pay for an EAD prior to applying for AOS and so they're eligible for a SSN, they still need the EAD to work legally), and that they can work with a SSN and the stamp, which is wrong. The link is not telling you a K1 can work without authorization, it's telling you that they don't need to present an EAD to get a SSN. It has nothing to do with what they show to get work. It is only the SSA's internal policies on how to issue SSN's.

My statement about your quote below [bolding added]:

Your SSN should not state that you require DHS approval to work because their site states that "Some non-immigrants have employment authorization by virtue of their DHS-assigned class of admission" which K-1 is one of. The problem with this is that the authorization has an expiry date which I assume is why they do this.

Is based on your claim that a SSN shouldn't have "DHS authorization required" on it because the K1 visa "has employment authorization by virtue of their DHS-assigned class". Again, the K1 visa itself is not a valid proof of employment status in order to work, but it IS valid proof to the SSA that a K1 is permitted a SSN. This was started because some states required SSN's to get a marriage licence.

See this link here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211510 and scroll down to "Legend on SSN card" (RM 10211.510 C.1.c). SSN's that are issued based on Employment Authorization require the "DHS Authorization required" legend on the card. Meaning you need to show proof you can work. A K1 is not proof you can work (which we know by going to the USCIS site, downloading the I-9 and looking at the requirements) so that's why the EAD is required to be shown with the SSN. The other options are proof of LPR status and citizenship.

I understand your confusion. This has been rehashed multiple times but it's important to remember that that list is the SSA's internal policies for issuing SSN's and has nothing to do with whether someone is eligible to work or not, that's DHS/USCIS's domain.

As to your quote of Jim's (that you should have linked so we could see the context, here: http://www.visajourney.com/forums/topic/256639-k1-and-ead-is-ead-actually-needed-to-work-legally-who-ultimately-determines-eligibility-ssa-or-uscis), I don't believe his opinion changed, he actually studied and learnt the info. Much like if you look at my advice in the beginning I was a total noob (didn't know that people could AOS from the VWP and didn't know the acronyms either). My husband is the USC and I told him just the other day that he doesn't get re-issued a SSN just because his card got put through the washing machine (it survived but he was all "phew lucky or I'd have to get a new number"). It's not something he ever studied, he just assumed that's how it worked. Now he knows different.

Edited December 18, 2011 by Vanessa&Tony

[Darren And Crissy 11]

Sorry, your response contains capitalised words and no links US govt sites that back up anything that you are saying.

I could address all of your points but why should I bother, this is a dead thread now anyway. I will not change your mind, and you are incapable providing evidence to change mine so we must agree to differ.

I did however find it very amusing looking at your timeline that you stood in the USC line at POE. I assume that you will lie on the N-400 when they ask have you ever claimed to be a USC joke!

Feel free to reply, but there is really no need!

BTW. Merry Christmas!

[Dan & Jenni 457]

all i can say is its no wonder so many people end up confused!!!

[VanessaTony 3,567]

Your "joke" isn't even remotely funny. We're told to stand in the USC/Resident line. In fact told it AT the POE. The fact I didn't post a picture of the line to explain that it wasn't JUST for USC's doesn't make it okay for you to accuse me of claiming to be a USC, especially given the ramifications of such a claim.

As to links, I told you to see the I-9. Pretty easy to find. I shouldn't have to hold your hand by to guide you through it all. I'm sorry you think I should. All I stated was FACT, not opinion. You stated assumptions based on misreading a document, and misunderstanding exactly who controls work authorisation (hint: It's not the SSA).

As to caps. I'm sorry you find CAPS used for emphasis so offensive but it's easy for most people to understand and easy for me whilst typing.

**Edit - yes. Merry Christmas.

Edited December 18, 2011 by Vanessa&Tony

[Darren And Crissy 11]

Your "joke" isn't even remotely funny. We're told to stand in the USC/Resident line. In fact told it AT the POE. The fact I didn't post a picture of the line to explain that it wasn't JUST for USC's doesn't make it okay for you to accuse me of claiming to be a USC, especially given the ramifications of such a claim.

As to links, I told you to see the I-9. Pretty easy to find. I shouldn't have to hold your hand by to guide you through it all. I'm sorry you think I should. All I stated was FACT, not opinion. You stated assumptions based on misreading a document, and misunderstanding exactly who controls work authorisation (hint: It's not the SSA).

As to caps. I'm sorry you find CAPS used for emphasis so offensive but it's easy for most people to understand and easy for me whilst typing.

**Edit - yes. Merry Christmas.

I think you mean that We were. We're can actually only replace "we are" but that is not really the issue!

If you were told to stand in that line, then fine, the rest of us has to stand in the non-US line but good for you. It was flagged as joke which is what it was - normally, that line is reserved for US passport holders only - Even when travelling with my wife I don't get to use that line with my green card, let alone holding a foreign passport and brown envelope!

The I9 is easy to find, even for people who stand in the wrong line (unlike you). I have never disagreed that the I9 required an EAD (Even though when I arrived it obviously didn't since I worked for a large international company who knew the laws almost as well as you do).

Can you please resolve this by showing me where on a USCIS website it states that the Social Security website is wrong?

I quote from the SS website (in case there were too many words in the link I provided):

The Department of Homeland Security (DHS) determines whether a non-immigrant in the U.S.

may be employed; may be self-employed; or may not work. (Even though Social Security stamp "Not Valid for Work" and "Valid for work only with DHS Authorization" or nothing on your SS card.)

Some non-immigrants have employment authorization by virtue of their DHS-assigned class of admission (COA or alien classification) while other non-immigrants may have employment authorization but only with specific employers. See RM 10211.420G.1. in this section. Some non-immigrants must apply to DHS for employment authorization. See RM 10211.420G.2.

RM 10211.420G.3. included the following line: K-1 Fiancé(e) of U.S. citizen.

Are you are unable to comprehend this? It means that as far as they are concerned, K1 visa holders do not require DHS permission to work. If you have a problem with this, please take it up with them, not me!

For everyone else, I appologize - we are arguing over a moot point on as dead thread since either way you need to apply for EAD if you enter on a K1 visa.

I do wonder though, and I will probably regret this, why they say that applying for EAD will only last for the duration of the I-94. I got mine and it was valid for 1 year from date of issue.

...Why do I feel like I will never win this argument, only start the next one?

[ceadsearc 516]

Not even going to touch most of this. But re: EAD expiring with I-94. If you apply with AOS it will be good for a year. If you shell out the extra $ to apply for the EAD by itself before you have applied for AOS, it should expire with your I-94.

[Darren And Crissy 11]

Not even going to touch most of this. But re: EAD expiring with I-94. If you apply with AOS it will be good for a year. If you shell out the extra $ to apply for the EAD by itself before you have applied for AOS, it should expire with your I-94.

Thx, I applied for EAD and AP (expedited) with AOS (for free) and I got 1 year EAD and AP - Both took less that 1 month from application. This was 2008, not sure if it is still the same now.