Working in the US (without EAD) as K-1 Visa Holder

[DavidBoston 9]

There seems to be different opinions as to whether or not a K-1 Visa Holder can begin work before receiving their EAD. According to the Social Security Administration, a K-1 Visa Holder is included in the list of "Aliens employment-authorized WITHOUT specific DHS aurhorization:. See link to the SSA website below.

https://secure.ssa.gov/poms.nsf/lnx/0110211420#g1

I think this is important information for those who want to work right away, and before receiving their EAD (which generally takes 90 days). If I am missing something, please let me know.

Thanks.

[Transborderwife 4,666]

USCIS says nope: http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

This has been debated on here many times. Here's a few threads: http://www.visajourney.com/forums/topic/477901-working-as-a-k1-visa-holder-without-ead/

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

http://www.visajourney.com/forums/topic/180237-is-a-k1-authorized-to-work-without-an-ead/

[kzielu 1,149]

And what would you show your employer as document that authorizes you to work ? Surely not a K-1 visa which is void after entry...

[DavidBoston 9]

Thanks very much for those links. WOW, yes, I guess there has been a lot of debate on this. And the USCIS and SSA seem to be saying different things.

I also read that you can request at the POE for the Customs Agent to stamp your VISA with an "Employment Authorized" Stamp. It seems that it depends on the POA location and even the specific agent.

David

[Transborderwife 4,666]

Thanks very much for those links. WOW, yes, I guess there has been a lot of debate on this. And the USCIS and SSA seem to be saying different things.

I also read that you can request at the POE for the Customs Agent to stamp your VISA with an "Employment Authorized" Stamp. It seems that it depends on the POA location and even the specific agent.

David

From what I read this only seems to happen at JFK airport and I believe expires with the 90 days of authorized stay so it's a bit pointless unless you marry and file for aos the day they you enter which seems impossible.

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about post K1 employment~

[belinda63 3,038]

Check the I-9 requirements. A k-1 visa is not on the list of documents to prove employment eligibility. I have never seen the stamp so I can't speak about it.

[Yoveeta 36]

I've got confused here too, because if you read the paper, it sounds like you not restricted to work...

[Pitaya 2,577]

Check the I-9 requirements. A k-1 visa is not on the list of documents to prove employment eligibility. I have never seen the stamp so I can't speak about it.

Agree.

Review the Form I-9 list of acceptable documents for employment eligibility: http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

[DavidBoston 9]

For the I-9, I am sure you could provide a copy of the Arrival/Departure record and K-1 Visa, along with the SSA Official posting RM 10211.420 and specifically RM 10211.420G1 which includes K-1 Visas as an eligible DHS category, who are, again "Authorized to work in the US without specific authorization from the DHS. It can't get much clearer than that. (from the SSA standpoint).

I am sure that if your employer had all this backup, and there was ever an audit, the govt would understand, the documentation would prove that there was no intention to do anything illegal......... And it takes just two weeks to receive a Social Security Number and 90 days to get the EAD, so if you arrive here and are anxious to work, I think you would be OK with just the SS #..

And to me, the SSA rulings are more clear than the USCIS rulings on this topic !! But that is just my opinion.

[belinda63 3,038]

The I-9 is very clear about what documents an employer can accept. They are required to maintain copies of these documents on file. It is not up to the employer to determine if you are eligible or not, it is only up to them to verify you have the appropriate documents.

Some employers also use E-verify which you would not pass.

[Darnell 8,478]

Ah. Thats it...... e-verify.... if'n you pass the smell test at e-verify, you can do what you want.

otherwise no.

[Pitaya 2,577]

Agree with belinda63.

The mission of the SSA is to deliver social security services that meet the changing needs of the public, i.e., retirement funds oversight and dispersal.

http://www.ssa.gov/agency/

One of the many missions of DHS (through USCIS) is to bear responsibility for facilitating legal immigration and enforcing laws. Supporting legal employment by offering information and expanding E-Verify program.

http://www.dhs.gov/mission

The purpose of the USCIS Form I-9 is used to verify the identity and employment authorization of individuals for employment in the US, not to determine retirement (i.e., social security) benefits. A Social Security Number card (SSN) can be used for employment employment, unless it contains the contains one of the following restrictions: NOT VALID FOR EMPLOYMENT, VALID FOR WORK ONLY WITH INS AUTHORIZATION, VALID FOR WORK ONLY WITH DHS AUTHORIZATION. The documents denoting INS/DHS authorization for use of a SSN for employment authorization include, a valid Form I-551 "Green Card," a valid EAD Form I-766(5) ("combo card"). Of course, there are other examples, exceptions and exemptions noted on the Form I-9, I would refer you to the Form I-9 instructions for more information. The last page is particularly useful. http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

HTH,

Good luck on your immigration journey.

[DavidBoston 9]

All great points!

Thanks.

[Lowlie 191]

I have a friend whose husband waited almost a year for his EAD after he arrived with K1. No one would hire him. If there had been a legal way to obtain employment without it, he would have found it.