Can I work using my Social Security Number without EAD?

[makidesuu 0]

I received my social security card, it is not marked in ANY way that I am not work permitted.

the instructions that came with it (amongst many other instructions) state:

"if you are an alien without permission to work in the U.S., your social security card will be marked "NOT VALID FOR EMPLOYMENT". We will notify U.S. immigration officials if you use the number to work

Hi,

I think whatever is says on the SS card, it does not give us any authorization to work. I got my SS card back in '96 when came here with F1visa. My SS card says valid for work, but I was a student and could not work. Back then, all students received the same SSC. To work here in the U.S, we have to have work permission (EAD) or Visa if you don't have GC. SS card is just a piece of paper.

Edited March 5, 2007 by makidesuu

[Dr_LHA 3]

Actually if you have a drivers license and a SS card that doesn't say anything on it about "valid for work only with DHS/INS authorisation" on it, then *congratulations* you've just passed the I-9 test and can work.

Of course the SS office may have given you that card in error, but any employer who follows the I-9 instructions will take that card as a sign that you can legally work.

BTW makidesuu, I got my SS card in 1993 and it says on it "Only valid for work with INS authorization", so this is not a new thing.

Edited March 5, 2007 by dr_lha

[Killer_Clown_2009 0]

Why don't you make an appointment for an infopass and check right with USCIS? Probably get as close to a correct answer from them as anywhere else.

[Emo 0]

After reading this document: http://www.kamya.com/ssn/em00154.pdf it is not clear to me why EAD is even needed except after the initial 90 days of entry.

"Some I-94s issued to K-1s are stamped or annotated 'EMPLOYMENT AUTHORIZED,' and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work."

So...is this incorrect or what?

This is the Grey Area I'm TRYING to figure out...

Careful what you ask everyone will you think you're trying to get around the law vs figuring out it!!! (still not sure how I "figured out a way to get around the law")

My wife went to work on the 91 day of her entry with K visa and guess what there were no immigration officers to arrest her.

Learn the rules then break some.

[Emancipation 2]

Just want to throw down my 2 cents here.. And let you know how I've reconciled what I've been able to glean - cause I'm pretty confused on this issue as well. From what I can understand SS considers you "work authorized"

"1. Aliens Work Authorized Without Specific INS Authorization

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. "

https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument

However; for the I-9 or for USCIS purposes work authorization is based on the EAD document.. Thus creating a kanundrum. You have 2 gov agencies that have 2 different opinions. I believe (and I'm not an expert in anyway on US CIS history - look at me I'm a CDN for heaven sakes!!!), that when the changes took place that created the CBP offices (taking customs & immigration and putting it into one), they took away the power of the CBP officers to give EAD stamps (although there are still some around that are doing it - JFK and some CDN land POE as well), and then some of this discrepancy began. It needs a change in policy to clarify, and either SSN needs to rewrite their policy, or CIS needs to clarify theirs. Perhaps the changes coming down on the way AOS is to be handled *may* be an attempt at figuring this out. *sigh* it's not at all clear, and doesn't make much sense, but has any of this made much sence along the way? For me, this all means I'm not authorized to work until I get my stamp and I will wait to be employed until then. As with everything on this website, it's up to your comfort level, and your interpretation.. But arm yourself with the facts first

In Canada, we can apply for EI (Employment Insurance), based on the SSN loophole.. So it's not just the US gov that needs clarification on this, but other countries who pay out benefits to it's citizens based on Work Authorization as well.

[Miranda&James 8]

Why don't you make an appointment for an infopass and check right with USCIS? Probably get as close to a correct answer from them as anywhere else.

I had to giggle at that, no way asking the USCIS is any guarantee of the right answer! I think they don't understand the laws just as much as we don't!

[Dr_LHA 3]

However; for the I-9 or for USCIS purposes work authorization is based on the EAD document.. Thus creating a kanundrum.

There's no conundrum, everyone legally has to legally fulfill the requirements of the I-9 to be employed. It doesn't matter what the Social Security office says, they just give out the cards, they don't regulate who can work, DHS does. If you can't provide what is asked for on the I-9 an employer cannot legally employ you. Simple as.

Edited March 5, 2007 by dr_lha

[athena_ny 1]

You advise doing illegal things all the time. If I were the OP, I wouldn't heed a word you say.

After reading this document: http://www.kamya.com/ssn/em00154.pdf it is not clear to me why EAD is even needed except after the initial 90 days of entry.

"Some I-94s issued to K-1s are stamped or annotated 'EMPLOYMENT AUTHORIZED,' and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work."

So...is this incorrect or what?

This is the Grey Area I'm TRYING to figure out...

Careful what you ask everyone will you think you're trying to get around the law vs figuring out it!!! (still not sure how I "figured out a way to get around the law")

My wife went to work on the 91 day of her entry with K visa and guess what there were no immigration officers to arrest her.

Learn the rules then break some.

[Emo 0]

You advise doing illegal things all the time. If I were the OP, I wouldn't heed a word you say.

Nothing illegal here

After reading this document: http://www.kamya.com/ssn/em00154.pdf it is not clear to me why EAD is even needed except after the initial 90 days of entry.

"Some I-94s issued to K-1s are stamped or annotated 'EMPLOYMENT AUTHORIZED,' and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work."

So...is this incorrect or what?

This is the Grey Area I'm TRYING to figure out...

Careful what you ask everyone will you think you're trying to get around the law vs figuring out it!!! (still not sure how I "figured out a way to get around the law")

My wife went to work on the 91 day of her entry with K visa and guess what there were no immigration officers to arrest her.

Learn the rules then break some.

[makidesuu 0]

Actually if you have a drivers license and a SS card that doesn't say anything on it about "valid for work only with DHS/INS authorisation" on it, then *congratulations* you've just passed the I-9 test and can work.

Of course the SS office may have given you that card in error, but any employer who follows the I-9 instructions will take that card as a sign that you can legally work.

BTW makidesuu, I got my SS card in 1993 and it says on it "Only valid for work with INS authorization", so this is not a new thing.

Hi, dr

Do I need to change SSC since my status got changed? Or I don't need to do that? I did not apply for SSC when apply AOS but should have done that?

[Dr_LHA 3]

You have a SS card right now? You can get it changed so it doesn't say "not valid without DHS authorisation" but I'm not sure if you have to. I haven't been bothered yet myself.

[Jimmy the American 0]

So YES, I feel we have established something here

and that is simply this

EVERYONE has a different opinion!!

hehe

Person to Person

Government Agency to Government Agency

You have a SS card right now? You can get it changed so it doesn't say "not valid without DHS authorisation" but I'm not sure if you have to. I haven't been bothered yet myself.