Work permit after CR-1

[manthesan 0]

Hi,

   Upon entering the US on CR1, how long does it take for the person to get a work permit. 

Thanks.

[JFH 12,191]

As long as it takes the CBP officer to stamp your passport. Once you've been processed at the border you are a legal permanent resident and can work right away. No permit needed. 

[geowrian 22,338]

Exactly. The green card acts as a work permit.

 

If you don't have the physical green card yet, the endorsed visa in your passport acts as a green card for 1 year.

[pushbrk 13,079]

31 minutes ago, geowrian said:

Exactly. The green card acts as a work permit.

 

If you don't have the physical green card yet, the endorsed visa in your passport acts as a green card for 1 year.

While this is correct, nearly all employers require the I-9 IRS documentation BEFORE starting work, so they'll need a Social Security Card to go along with the endorsed visa AND an employer who understands that's enough.  If the DS260 is properly completed AND the new immigrant fee is paid, both the Social Security Card and the Green Card should arrive by mail within a month.

 

So, being permitted to work is one thing.  Having the necessary documentation for the required I-9 form to START work is another matter altogether.

 

For example, the law says a K-1 visa holder has authorization to work during their first 90 days but there is no possible way for them satisfy the I-9 requirements in order to actually work.

[geowrian 22,338]

2 minutes ago, pushbrk said:

While this is correct, nearly all employers require the I-9 IRS documentation BEFORE starting work, so they'll need a Social Security Card to go along with the endorsed visa AND an employer who understands that's enough.  If the DS260 is properly completed AND the new immigrant fee is paid, both the Social Security Card and the Green Card should arrive by mail within a month.

 

So, being permitted to work is one thing.  Having the necessary documentation for the required I-9 form to START work is another matter altogether.

 

For example, the law says a K-1 visa holder has authorization to work during their first 90 days but there is no possible way for them satisfy the I-9 requirements in order to actually work.

True...I was literally typing that getting an SSN would be needed to work for an employer still as you replied. It hit me afterwards.

Edited January 15, 2018 by geowrian

[pushbrk 13,079]

1 minute ago, geowrian said:

True...I was literally typing that getting an SSN would be needed to work for an employer still.

You need the number AND the card.  Most employers won't accept the endorsed visa either.  They'll want the card.  No paid new immigrant fee, no green card.

 

[WeGuyGal 1,052]

Have you decided on which visa and where? Several threads going about k1/cr1/dcf

[geowrian 22,338]

5 minutes ago, pushbrk said:

You need the number AND the card.  Most employers won't accept the endorsed visa either.  They'll want the card.  No paid new immigrant fee, no green card.

Well yes, but you get both at the same time. You apply for the card and get the number that goes with it. Splitting hairs.

While I'm 100% in favor of making things simple and just using the card, an employer cannot deny employment because you do not provide the specific form of work authorization documentation that they desire.* Any valid form of documentation for the I-9 must be accepted by law.

*some exceptions apply

 

I-9: https://www.uscis.gov/system/files_force/files/form/i-9-paper-version.pdf

"ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination."

 

"Documents that Establish Both Identity and Employment Authorization"

...

"3. Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa"

[pushbrk 13,079]

21 minutes ago, geowrian said:

 

While I'm 100% in favor of making things simple and just using the card, an employer cannot deny employment because you do not provide the specific form of work authorization documentation that they desire.* Any valid form of documentation for the I-9 must be accepted by law.

 

 

"Documents that Establish Both Identity and Employment Authorization"

...

"3. Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa"

While that is, in fact, the law, I bet you can't show me any stamped visa from the last couple years that says I-551.  As a practical matter, few employers know that the current stamp used constitutes work authorization so they ARE allowed to require the green card NOW, since no such stamp is currently used.  Note the regulation doesn't indicate anything about the visa category.  There's also a legitimate difference between delaying a start date and denying employment.

Edited January 15, 2018 by pushbrk

[pushbrk 13,079]

1 minute ago, Dee elle said:

IR5 visa in passport 8/2016 has printed across the bottom... 

 

UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR

And that would work in the vast majority of cases but is not technically the stamp described in the regulation.  There are technicalities and then there are practicalities.  

[bakphx1 789]

My husband arrived 12/9/17.  We paid the fee well in advance.  Social Security card only took about a week and Green Card was three weeks.   Offering that as a random sample.  Individual mileage may vary. 

[pushbrk 13,079]

2 hours ago, bakphx1@aol.com said:

My husband arrived 12/9/17.  We paid the fee well in advance.  Social Security card only took about a week and Green Card was three weeks.   Offering that as a random sample.  Individual mileage may vary. 

That's pretty common when the fee is paid well in advance.  It was also pretty common when the last government fee was the visa application fee.  If one waits to pay the new immigrant fee until after entry, it could take much longer from fee payment to receipt of SS or GC.

[N-o-l-a 7,168]

You do not need the number and the card, only proof that you've applied for the SSN.

 

My husband began work with simply proof he applied for a SSN and the stamp in the passport.

 

 

Edited January 16, 2018 by N-o-l-a

[pushbrk 13,079]

1 hour ago, N-o-l-a said:

You do not need the number and the card, only proof that you've applied for the SSN.

 

My husband began work with simply proof he applied for a SSN and the stamp in the passport.

 

 

Again, not all employers know this.  What was his evidence of having applied for a Social Security number.  Usually, in a spouse visa case, you apply for a SS number by checking a box on the DS260.

[N-o-l-a 7,168]

8 minutes ago, pushbrk said:

Again, not all employers know this.  What was his evidence of having applied for a Social Security number.  Usually, in a spouse visa case, you apply for a SS number by checking a box on the DS260.

 

We supplied the employer with information from the SSA about this policy.  He went in person to apply.  The greencard took months to arrive, so I doubt the social security card would have come any quicker, if at all.  We also ended up having to educate the DMV about accepting the passport stamp in lieu of a card.  One should prepare to be proactive about these things and fight for one's legal rights.