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

[Gillian+Mike 6]

My SSN says that I'm only able to work with employment authorization right on it. I had no idea there was such a debate! To me it was just a definite NOPE lol. Interesting. Good luck to you

[Dave&Roza 748]

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.

The issue with this debate is that you are dealing with two different government agencies--the SSA and the USCIS. The SSA states that a K-1 visa holder upon arriving in the US can apply of their SSN if they are more than 16 days remaining on their I-94. In order to allow the K-1 visa holder to get their SSN, the SSA designates the K-1 visa holder as "a legal alien allowed to work" for the purposes of obtaining a SSN. The SSC will have the wording: "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." What is the DHS authorization the card is referencing? The EAD or the GC. So that implies that you cannot work with such a SSC unless you have the EAD or GC. With states like California and Colorado giving DLs to illegal immigrants, they have one of the List B documents stated on the I-9 form on page 9. All they need now is a clean SSC.

The arrival/departure (I-94) you speak of is valid only for a non-immigrant on a specific work visa and not the K-1--see item #5 on page 9 of the I-9 in the List A documents. I researched this when my wife was coming to the US on her K-1 as I too thought she could work right a way. I found the CFR that deals with aliens and who is eligible to work and it specifically states that the USCIS is the government agency with jurisdiction over who can and who cannot work by issuing the Employment Authorization Document or the Green Card.

Dave

Edited October 9, 2015 by Dave&Roza

[aruadha 58]

My SSN says that I'm only able to work with employment authorization right on it. I had no idea there was such a debate! To me it was just a definite NOPE lol. Interesting. Good luck to you

My husband's as well. (Came on K1) And his employer has been quite diligent about the I9 and the copies of his EAD; even reminding him that it was to expire this December. He would not have been employed at a legitimate business without his EAD.

[tarzan31 27]

SSA in Massachusetts told my wife she could work even though the card says with DHS authorization. We have not had her seek employment and we are awaiting the EAD .

[kzielu 1,147]

There were employers that were making trouble for people that had EADs and demanded GC. Thinking they will accept K-1 / I-94 entry and some copy of a ruling is bit naive...

[Gosia & Tito 199]

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.

"It can't get much clearer than that. (from the SSA standpoint"

Good luck trying to explain the DHS inspector an the judge presiding your hearing that "the SSA is ok with me working". Simply put, SSA will not be at your deportation hearing to defend you...

​This has been debated ad-nauseam before. I can understand you are new here but that does not change things.

[Hypnos 6,576]

As stated above, a K-1 needs at least an EAD to legally work.

I've always thought it's slightly confusing how the SSA believes a K-1 is already authorised to work and USCIS do not, but USCIS is the one with federal jurisdiction in this area so what they say goes. They say you need an EAD or green card, so you need an EAD or a green card.

[nab-400 16]

AS a former K-1 holder, i was able to work in the US two weeks from POE and with a big company as business analyst, i only showed stamp in my passport which in stamp work authorization, the company i worked with required me to have a social a social security and work permit, i gave them the stamp which has 3 months, they offered me temp work until i get my paper work completed, i filed for a work permit and i receive a one year work permit, than we got marry and we filed for adjustment of stats to get 2 years green card, i received the green card after 10 months. The only thing that a K-1 holder needs to remember is to request work permit stamp in the passport, i requested that and they did.

[nab-400 16]

This is what USCIS website says

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

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing aForm I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

[DavidBoston 9]

Thanks NAB-400. Finally somebody knows what I am talking about as far as the "employment authorization" stamp at POE.

And hey, everyone, please chill. I bring this point up only as a matter for debate and to show the inconsistencies between 2 departments of the SAME government.

If I have my way, my fiancé would stay at home and not work. So you have all definitely helped my argument.

And to the visa journey member who helped educate me on the role of the SSA, thanks.

[DavidBoston 9]

And as far as the stamp, I hear that it is hit or miss as far as whether the agent will provide it. We will know soon.

[nab-400 16]

Davidboston, that's true some agent did not know that it needs to be stamped and some they do it automatically, I know one person did not have it becaus agent missed it.

Davidboston, that's true some agent did not know that it needs to be stamped and some they do it automatically, I know one person did not have it becaus agent missed it.

[Hypnos 6,576]

Very strange that JFK gives these out and nowhere else does. This seems to be the case going back several years too, since I'm finding posts about it from 2007-08.

I suspect they are not meant to be doing this, in the same way that AoS applicants adjusting from the VWP and filing through the San Diego field office were being automatically denied a few years ago. It took USCIS a long time to finally issue a policy memo barring that practice by their own field office.

Edited October 10, 2015 by Hypnos