Are point of Entry work permits history?

[skemper19 0]

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

[kitkat1 5]

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

skemper, no one is trying to make it complicated, just trying to clarify what facts VJ has seen to be true for many years. it seems that you've missed those facts here as Mo so kindly clarified for the 1000th time: An I-94 is NOT in fact your authorization to work if you have a SSN. It seems your husband got very lucky with his employer because they didn not fully understand the requirements or chose to ignore them and lucky for him, he was able to work. But let's not mislead people here into believing they can work without a temp stamp or an EAD as this is not correct.

skemper, you misunderstand the relationship between SSA and USCIS.

The SSA memo covers the K-1 for getting their SS number assigned.

K-1s are Employment Authorized, but generally do not have the required EVIDENCE (called an EAD/Employment Authorization Document).

The employer is required to complete Form I-9, and a non-immigrant I-94 is not sufficient evidence, even with a Social Security card. An I-94 WITH the EA stamp IS a valid EAD.

That your husband's employers chose to hire him without the documentation that they are supposed to use is up to them. Your husband was EA for his first 90 days. He did not have a valid EAD.

[Yodrak 7]

kitkat,

A little re-phrasing might make things less confusing.

With regard to working, the key issue in the K1 situation is that the employer cannot hire a person who does not have an acceptable EA Document. Everyone looks at it from the K1's point of view - can they or can they not work. It needs to be looked at from the employer's point of view - can they or can they not hire. A K1 has EA (for 90 days), a K1 can work, but without a specified EAD an employer cannot hire.

In your second paragraph, one does need employment authorization to get a SS card. And a K1 does have EA, so the SSA will issue them a SS card. But the SSA is not an employer, the SSA is not bound by the required evidence of EA that an employer is bound by. The SSA can accept an I-94 marked 'K1' as sufficient evidence of EA for the purpose of issuing a SS card. An employer needs more. An employer needs to see an I-94 that is specifically marked 'employment authorized' in order to hire.

Yodrak

Correct that you need a work authorization stamp or temp EAD received at the POE in order to work during the first 90 days. Beyond that, you need an a work authorization document which has to be applied for with the AOS package, otherwise you cannot work beyond 90 days. The only exceptions to either situation would be working for an employer who doesn't care.

You do not need work authorization to get a SS card. As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). The card will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

.....

[kitkat1 5]

Thanks Yodrak - very helpful and clear info!

[vernouil 0]

kitkat,

A little re-phrasing might make things less confusing.

With regard to working, the key issue in the K1 situation is that the employer cannot hire a person who does not have an acceptable EA Document. Everyone looks at it from the K1's point of view - can they or can they not work. It needs to be looked at from the employer's point of view - can they or can they not hire. A K1 has EA (for 90 days), a K1 can work, but without a specified EAD an employer cannot hire.

In your second paragraph, one does need employment authorization to get a SS card. And a K1 does have EA, so the SSA will issue them a SS card. But the SSA is not an employer, the SSA is not bound by the required evidence of EA that an employer is bound by. The SSA can accept an I-94 marked 'K1' as sufficient evidence of EA for the purpose of issuing a SS card. An employer needs more. An employer needs to see an I-94 that is specifically marked 'employment authorized' in order to hire.

Yodrak

1

Correct that you need a work authorization stamp or temp EAD received at the POE in order to work during the first 90 days. Beyond that, you need an a work authorization document which has to be applied for with the AOS package, otherwise you cannot work beyond 90 days. The only exceptions to either situation would be working for an employer who doesn't care.

You do not need work authorization to get a SS card. As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). The card will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

.....

For me I am not so sure skemper is wwrong it says clearly

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

1 Since u dont request authorization from INS how they could bother you employer on the I9?

2 Maybe as it seem to be confusing even for INS sometimes but maybe POE can decide to give you a stamp that you would not need but again it is clear.....by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp

I mean who cqn the more can the less so they can give u a stamp if they think it might help...

3 sure you wont have an EAD bc it is a 1 year autho. and your visa is only 90 days

4 the I9 says the I94 needs a stamp which is probably the more general rule meaning everyboday ateempting to work needs to be allowed but again.... who are authorized to work in the U.S

Sure an employer can accept that easily. I mean pretty hard to prove anything else since this stamp ####### thing appears on no official thing. again by essence some of those vvisa are meant to work like H1b or L1... if you dont get a stamp on those you are still work authorized... and dont have to wait for an EAD.

let me know if I miss something.

[meauxna 15]

So in the long run....you must get some sort of Work authorization stamp from an immigration officer (like at JFK) on your I-94 to prove to the SS office that you are authorized to work, therefore receive your work authorized SS card, and then an employer can Legally hire you.

hi,

Not quite.

SSA considers K-1s employment authorized incident to their status. That is what the memo that skemper is talking about states. That is an INTERNAL SSA memo; it has nothing to do with getting hired for a job, except in the most roundabout way.

ANY K-1er may apply for and receive their Social Security account in their first 76 days in the US.

After 76 days in the US as a K-1, they need EVIDENCE of their employment authorized status that is independant of their K-1 (ex; EAD, Green Card).

The SSA card is not 'work authorized' or not. Until you are a PR or citizen, the SS card will have the legend 'only valid for work with DHS authorization' (or similar, don't have it to hand)

{We must remember with a K visa you are not automatically authorized to work, you must get Work Authorization (ie Stamp). Certain other Visas I believe (Cr-1's for example...) are treated differently and can receive work authorization without getting a stamp upon arrival. K1 visas are only temporary visas remember. therefore they may also be used to just get married and return to whereever you came from, so technically there is no need for a person to work..HOWEVER a majority will then apply for their greencards. Saying that you are intending to remain in the US after getting married and the expiration of the K1 Visa,and is proof to show it may be a necessary thing for you to work and therefore receiving a work authorization stamp is important. (excuse the tangent...it's a habit)}

Mostly.

K-1s ARE employment authorized incident to their status (as a built in part). BUT, they have no evidence/proof of this UNLESS they get an EAD. The stamp given on the I-94 is an EAD. (K-1s are eligible to apply for a card EAD, but since those cards take +90 days to recieve, there is no use in filing for one via I-765).

People holding an Immigrant Visa (CR/IR etc) become Permanent Residents (Green Card) at entry; employment authorization is also built into that status. These people must also have evidence to be hired for a job. They get their visa endorsed at entry, when it starts to act as a 'temporary green card'.

Sorry I can't help with the last couple there..

Receiving a work authorization stamp has only one benefit for a K-1: it allows them to be hired legally by an employer. The K-1 will demonstrate their desire to stay in the US by filing for Adjustment of Status to Permanent Resident.

I understand that some HAVE entered the US and not received a work authorization stamp (or maybe were unaware that they did) and were still employed. If they have no proper proof of work authorization from the US, then A) the work is at fault if caught hiring a employee with no proof of work authorization

That is correct.

& B ) the SS office would also be at fault for awarding a SS card with "work authorized" on it when there WAS no proof of authorization

SSA understands that K-1s are already employment authorized, stamp or no stamp. Those people will receive SS cards with the legend. Sometimes SSA makes an error and issues a card with no legend--that doesn't mean the person is automatically a PR or USC, just that SSA made an error in card production. SSA doesn't need any extra proof--if USCIS says 'She is a K-1', then SSA knows she is employment authorized.

or C) again the work is at fault for hiring someone with no proof or a proper "Work authorized" SS#....From what I have gathered the SS office does not issue "Work Authorized" SS# lightly and even if having proof (ie a stamp) they will not always grant you as "work authorized". In saying that I highly doubt an SS office would hand out a "work authorized" SS # without proof. And in final, either Skemper's Husband DID have a stamp and did not realize it, or he was just one lucky ####### who slipped through the cracks.

I'm not exactly clear on what you mean by a 'work authorized SS#'. If someone is employment authorized, SSA will issue them a SS#. SSA makes cards that have the legend described above, and cards with no legend.

I believe that Mr skemper was in valid K-1 status (and therefore Employment Authorized) but that he had no EA stamp on his I-94 (no EAD) and that his employer chose to hire him regardless. This becomes the responsiblity of the employer--any problems would be on the employer.

Wanda Logic.

[meauxna 15]

For me I am not so sure skemper is wwrong it says clearly

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

1 Since u dont request authorization from INS how they could bother you employer on the I9?

2 Maybe as it seem to be confusing even for INS sometimes but maybe POE can decide to give you a stamp that you would not need but again it is clear.....by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp

I mean who cqn the more can the less so they can give u a stamp if they think it might help...

3 sure you wont have an EAD bc it is a 1 year autho. and your visa is only 90 days

4 the I9 says the I94 needs a stamp which is probably the more general rule meaning everyboday ateempting to work needs to be allowed but again.... who are authorized to work in the U.S

Sure an employer can accept that easily. I mean pretty hard to prove anything else since this stamp ####### thing appears on no official thing. again by essence some of those vvisa are meant to work like H1b or L1... if you dont get a stamp on those you are still work authorized... and dont have to wait for an EAD.

let me know if I miss something.

I think you are confusing the Social Security memo as being some kind of immigration document. It is not--it only describes SSA policy.

Form I-9 and its instructions are crystal clear about which documents can be used to show employment authorization. An I-94 without a stamp saying "employment authorized' is not a valid employment document.

H-1B, L-1 and other employment authorized non-immigrants have visas with those numbers on them. I don't know how to explain it better, than K-1s are a different animal.

Please download and read form I-9 for a better understanding of hiring documents.

[meauxna 15]

Everyone looks at it from the K1's point of view - can they or can they not work. It needs to be looked at from the employer's point of view - can they or can they not hire. A K1 has EA (for 90 days), a K1 can work, but without a specified EAD an employer cannot hire.

That is f'in brilliant--what a good way to rephrase the situation!

I see a link to this quote in its future.

[vernouil 0]

For me I am not so sure skemper is wwrong it says clearly

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

1 Since u dont request authorization from INS how they could bother you employer on the I9?

2 Maybe as it seem to be confusing even for INS sometimes but maybe POE can decide to give you a stamp that you would not need but again it is clear.....by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp

I mean who cqn the more can the less so they can give u a stamp if they think it might help...

3 sure you wont have an EAD bc it is a 1 year autho. and your visa is only 90 days

4 the I9 says the I94 needs a stamp which is probably the more general rule meaning everyboday ateempting to work needs to be allowed but again.... who are authorized to work in the U.S

Sure an employer can accept that easily. I mean pretty hard to prove anything else since this stamp ####### thing appears on no official thing. again by essence some of those vvisa are meant to work like H1b or L1... if you dont get a stamp on those you are still work authorized... and dont have to wait for an EAD.

let me know if I miss something.

I think you are confusing the Social Security memo as being some kind of immigration document. It is not--it only describes SSA policy.

Form I-9 and its instructions are crystal clear about which documents can be used to show employment authorization. An I-94 without a stamp saying "employment authorized' is not a valid employment document.

H-1B, L-1 and other employment authorized non-immigrants have visas with those numbers on them. I don't know how to explain it better, than K-1s are a different animal.

Please download and read form I-9 for a better understanding of hiring documents.

I9 doesn't say you need a stamp. I9 only says you need an "unexpired" authorization to work. If a K1 is by esence work authorized then what is relevant is the experiation date plus the status of you visa (you visa is either a work authorized and stamp or not it's the same" or is not initially authorized and then you need to show this "specific" authorization materialized by the bloody stamp but I am not sure it wouldn't work and/or being illegal w/o a stamp.

Btw I had alraeady a SS# under a J-1. It is not a "worked authorized" ss#, the authorization comes with the status of you visa once approved (meaning a DS2019 for a J1 + I94 with no stamp an I beleive just a I94 with a K1)

I think K1 visas are part of a sub category and I think I9 makes reference to a more general rule.

Anyway I m flyin to JFK next week and gonna figure this out and let u know.

Take care

Vince

[John & Annie 0]

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

Skemper,

You are right, this is quite simple.

The fact remains that some HR departments take what the I-9 instructions literally. It states "Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment

authorization"

The fact that JFK has a little red stamp that states "work authorized" only compounds the issue. If an HR person sees this stamp once they will always want to see it.

The employer has a responsibility to ensure that people they hire are legal, if there is a doubt, even if it is unfounded. They may not want to take the risk and get a fine.

[vernouil 0]

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

Skemper,

You are right, this is quite simple.

The fact remains that some HR departments take what the I-9 instructions literally. It states "Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment

authorization"

The fact that JFK has a little red stamp that states "work authorized" only compounds the issue. If an HR person sees this stamp once they will always want to see it.

The employer has a responsibility to ensure that people they hire are legal, if there is a doubt, even if it is unfounded. They may not want to take the risk and get a fine.

Agreed and I think the post on the following website will close the debate, especially the last attached doc embedded.

http://candleforlove.com/forums/index.php?...f=7&t=10720

Good luck

[John & Annie 0]

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

Skemper,

You are right, this is quite simple.

The fact remains that some HR departments take what the I-9 instructions literally. It states "Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment

authorization"

The fact that JFK has a little red stamp that states "work authorized" only compounds the issue. If an HR person sees this stamp once they will always want to see it.

The employer has a responsibility to ensure that people they hire are legal, if there is a doubt, even if it is unfounded. They may not want to take the risk and get a fine.

Agreed and I think the post on the following website will close the debate, especially the last attached doc embedded.

http://candleforlove.com/forums/index.php?...f=7&t=10720

Good luck

This basically restates everything above.

[pjc1973 0]

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

Skemper,

You are right, this is quite simple.

The fact remains that some HR departments take what the I-9 instructions literally. It states "Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment

authorization"

The fact that JFK has a little red stamp that states "work authorized" only compounds the issue. If an HR person sees this stamp once they will always want to see it.

The employer has a responsibility to ensure that people they hire are legal, if there is a doubt, even if it is unfounded. They may not want to take the risk and get a fine.

Agreed and I think the post on the following website will close the debate, especially the last attached doc embedded.

http://candleforlove.com/forums/index.php?...f=7&t=10720

Good luck

This basically restates everything above.

Quod erat demonstrandum (QED)

[vernouil 0]

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

Skemper,

You are right, this is quite simple.

The fact remains that some HR departments take what the I-9 instructions literally. It states "Unexpired foreign passport, with I-551 stamp or attached INS Form I-94 indicating unexpired employment

authorization"

The fact that JFK has a little red stamp that states "work authorized" only compounds the issue. If an HR person sees this stamp once they will always want to see it.

The employer has a responsibility to ensure that people they hire are legal, if there is a doubt, even if it is unfounded. They may not want to take the risk and get a fine.

Agreed and I think the post on the following website will close the debate, especially the last attached doc embedded.

http://candleforlove.com/forums/index.php?...f=7&t=10720

Good luck

This basically restates everything above.

Quod erat demonstrandum (QED)

stamp or not you are authorized to work: "some I 94s issued to K1's are stamped or annotated "EMPLOYMENT AUTHORIZED", and some are not. EITHER WAY, the I94 is PROOF A K1 ALIEN IS AUTHORIZED TO WORK

should ring a bell hein

vedi vixit

[kitkat1 5]

stamp or not you are authorized to work: "some I 94s issued to K1's are stamped or annotated "EMPLOYMENT AUTHORIZED", and some are not. EITHER WAY, the I94 is PROOF A K1 ALIEN IS AUTHORIZED TO WORK

should ring a bell hein

vedi vixit

OK, last time.

Yes, K1s are authorized to work BUT without a specified EAD an employer cannot (legally) hire.

An employer needs to see an I-94 that is specifically marked 'employment authorized' in order to hire.

If your I-94 was not stamped with employment authorization, you must wait until you receive the EAD after adjusting status.