What Ports of Entry give work authorization

[memmy 3]

Hi everybody,

What ports of entry other than JFK give K-1 holder a work authorization? Are airports in Atlanta, Washington DC, and Chicago giving incoming K-1 holders work permits as well?

[bigdog 376]

No one who enters on a K-1 get a work card. That is obtained when you file for AOS and your EAD. You can get a social security card about two weeks after entering on the K-1, which is stamped no employment without DHS approval.

[memmy 3]

No one who enters on a K-1 get a work card. That is obtained when you file for AOS and your EAD. You can get a social security card about two weeks after entering on the K-1, which is stamped no employment without DHS approval.

Yes, they do. At least, at JFK. It is valid for 90 days. Many people mention that on here. I need to know what other POE do that.

Edited December 23, 2012 by memmy

[bigdog 376]

Yes, they do. At least, at JFK. It is valid for 90 days. Many people mention that on here. I need to know what other POE do that.

Be sure and let us know how that goes.

[memmy 3]

Be sure and let us know how that goes.

I have no certain opinion about it myself. But way too many people say some ports of entry give you temporary work permits.

[Penguin_ie 5,993]

Yes, they do. At least, at JFK. It is valid for 90 days. Many people mention that on here. I need to know what other POE do that.

Recently? I don't think so, that was years ago.

[memmy 3]

Recently? I don't think so, that was years ago.

A friend of mine arrived to the US a month ago and was told that if her port of entry had been JFK, she would have obtained that authorization. But i really have no idea how reliable the info is. The package from the Embassy that I received also mentions possible work authorization if arriving to certain POE ( without mentioning any specific ports).

[amykathleen2005 441]

A K-1 is not allowed to work without an EAD, even if they have a stamp they cannot work. This is an old practice.

[Gary and Alla 3,694]

Hi everybody,

What ports of entry other than JFK give K-1 holder a work authorization? Are airports in Atlanta, Washington DC, and Chicago giving incoming K-1 holders work permits as well?

NONE.

K-1s are not work authorized. Period.

In the past (before February 2009) there was some confusion on the wording of the I-9 form which authorizes work and a K-1 could be misinterpretted to be allowed to work. K-1s were NEVER "allowed to work" without an EAD or green card. EVER. Because, for some period, the wording was VAGUE, USCIS overlooked any violations of work performed by a K-1 holder. That was corrected in Februrary 20029 and enforcement began in April, 2009. It was all well documented here in the forums. Often people say the "law was changed" It was not. The law was never changed (that would have required an Act of Congress) they simply clarified the wording for item 5 in column A of the I-9 form. The law NEVER allowed K-1s to work. The messed up wording simply prevented the law from being enforced.

The stamp given at JFK on the I-94 has NO VALUE unless you also have a work authorized visa...You do not. JFK simply stamps them all and lets someone else figure it out. Our 13 year old K-2 son got a stamp when he entered and he was underaged to work.

But, but but...they issue SSNs and SS says it is "work authorized" Yeah, right. SS does not determine who works, DHS does. SS classifies the K-1 in a default position as "work authorized" so the system will issue SSNs to K-1s because SOME states required an SSN to get married and K-1s need to get married. SSNs do not authorize work and your card will say so.

K-1's are NOT work authorized.

Get married, file for AOS, file a form I-765 for the EAD and wait 2-3 months, perhaps longer. Until then...go shopping, go to school, volunteer, etc.

[Gary and Alla 3,694]

A friend of mine arrived to the US a month ago and was told that if her port of entry had been JFK, she would have obtained that authorization. But i really have no idea how reliable the info is. The package from the Embassy that I received also mentions possible work authorization if arriving to certain POE ( without mentioning any specific ports).

You will find that our government is FULL of people that have NO CLUE what they are talking about and that does not stop them from talking. It also does not change the law that a clerk or CBP officer is wrong. Your friend met one already. You and your spouse need to be aware of what the law really is because everywhere you go these ignorant people will try to stop you from getting what you are entitled to.

Alla had no porblem with her SSN, but when our K-2 son showed up with his green card they tld him he needed a "new visa, this one is expired" NO he doesn't get me a supervisor.

A cleark at the DMV said he needed an SSN to take the drivers permit test. NO he doesn't, get me a supervisor! He took the test but when he went to get the permit issued they said he had to "show proof of getting married" NO he doesn't get me a supervisor.

See how it works?

But let me give you a thought to think.

This is the USA, land of the free and home of the brave and yada, yada...equality for all. Right?

So someone's plane lands at JFK and they CAN work and someone's plane lands at Newark, NJ within sight of JFK, and they can't work? Seriously?

[NigeriaorBust 4,087]

Agree with the previous poster. The US is a complex place with many branches that have conflicting "rules" The key is who is in charge of the thing you want to do. Social Security has a huge manual about who can get a Social Security Number and why. For visa holders , ones that are work authorized are allowed SSN's so the K1 is listed under work authorized. But the social security department isn't in charge of who has permission to work. That falls under a different branch of the government and that branh says a K1 holder can work if they have an Employment Authorization Document. That is a card that comes from immigration and take 50-100 days to get and costs just short of $500 and would be valid until the I 94 you get when you enter expires. The I 94 expires at 90 days after entry so you may not get the card before it is invalid. There is NO stamp issued on a K1 visa that allows you to work legally. If you get a stamp and get work from someone that doesn't follow the rules, you WILL have to report this as unauthorized employment and it may delay your AOS.

Edited December 23, 2012 by NigeriaorBust

[Enigma11561 336]

No POE's issue work permits. Period. End of conversation.Read above.

[KayDeeCee 4,893]

No POE's issue work permits. Period. End of conversation.Read above.

Check the I-9 form and see what documents can be used to work legally. You will not find 'stamp from JFK on entry with a K-1 visa' on that list, I assure you. Someone that enters with a K-1 can file for the EAD before AOS, BUT it is a waste of $380 because it takes 2-3 months to process and will expire when their I-94 does. Since the I-94 expires in 90 days after entry, you would not have time to even use it before it expired. You enter on a K-1, go to SSA 10-14 days later and apply for your SSN, get married, file for AOS and you will file for EAD and AP at the same time. The cost of those 2 forms is waived when filing with your pending I-485 to adjust. No fee for it, and it will be good for a year. Use it while waiting for the green card to be approved to start working legally in the US. That is the only way to do it when entering with a K-1. If you needed to be able to work right away after entry, then you needed to get married and file for a CR-1 instead.

[memmy 3]

A K-1 is not allowed to work without an EAD, even if they have a stamp they cannot work. This is an old practice.

Oh, ok. In such a case, I can arrive to any POE, not only to JFK. THanks!

[memmy 3]

NONE.

K-1s are not work authorized. Period.

In the past (before February 2009) there was some confusion on the wording of the I-9 form which authorizes work and a K-1 could be misinterpretted to be allowed to work. K-1s were NEVER "allowed to work" without an EAD or green card. EVER. Because, for some period, the wording was VAGUE, USCIS overlooked any violations of work performed by a K-1 holder. That was corrected in Februrary 20029 and enforcement began in April, 2009. It was all well documented here in the forums. Often people say the "law was changed" It was not. The law was never changed (that would have required an Act of Congress) they simply clarified the wording for item 5 in column A of the I-9 form. The law NEVER allowed K-1s to work. The messed up wording simply prevented the law from being enforced.

The stamp given at JFK on the I-94 has NO VALUE unless you also have a work authorized visa...You do not. JFK simply stamps them all and lets someone else figure it out. Our 13 year old K-2 son got a stamp when he entered and he was underaged to work.

But, but but...they issue SSNs and SS says it is "work authorized" Yeah, right. SS does not determine who works, DHS does. SS classifies the K-1 in a default position as "work authorized" so the system will issue SSNs to K-1s because SOME states required an SSN to get married and K-1s need to get married. SSNs do not authorize work and your card will say so.

K-1's are NOT work authorized.

Get married, file for AOS, file a form I-765 for the EAD and wait 2-3 months, perhaps longer. Until then...go shopping, go to school, volunteer, etc.

Ok, thanks a lot for your reply!

Agree with the previous poster. The US is a complex place with many branches that have conflicting "rules" The key is who is in charge of the thing you want to do. Social Security has a huge manual about who can get a Social Security Number and why. For visa holders , ones that are work authorized are allowed SSN's so the K1 is listed under work authorized. But the social security department isn't in charge of who has permission to work. That falls under a different branch of the government and that branh says a K1 holder can work if they have an Employment Authorization Document. That is a card that comes from immigration and take 50-100 days to get and costs just short of $500 and would be valid until the I 94 you get when you enter expires. The I 94 expires at 90 days after entry so you may not get the card before it is invalid. There is NO stamp issued on a K1 visa that allows you to work legally. If you get a stamp and get work from someone that doesn't follow the rules, you WILL have to report this as unauthorized employment and it may delay your AOS.

Ok, thanks!