Employment Using K1 Exemption from EAD Requirement

[selly 0]

Having done a little research on VJ it appears that K1 visa holders are authorised to work once they have their SSN as the K1 is an employment authorised document. As part of my research I was told that you still do have to apply for the EAD irrespective of this fact. It is my understanding that the EAD is required once you adjust status as the 90 day period will expire. Has any one had any experience of trying to get employment using the K1 prior to applying for their EAD with their AOS? Neither my fiance nor I are exactly over enamoured over the prospect of having to wait potentially for 3 months before I can start paying my way in the household (it hasn'y deterred us though).

[kitkat1 5]

Having done a little research on VJ it appears that K1 visa holders are authorised to work once they have their SSN as the K1 is an employment authorised document. As part of my research I was told that you still do have to apply for the EAD irrespective of this fact. It is my understanding that the EAD is required once you adjust status as the 90 day period will expire. Has any one had any experience of trying to get employment using the K1 prior to applying for their EAD with their AOS? Neither my fiance nor I are exactly over enamoured over the prospect of having to wait potentially for 3 months before I can start paying my way in the household (it hasn'y deterred us though).

Selly, search for the most recent long and detailed thread on this topic, by Jonnie Oz.

K1 holders are work authorized - that means they are authorized to work once they have applied for and received and EAD. That is opposed to a B2 holder, for example, who is not work authorized. Think of it like this - K1 holders are privileged to be allowed to apply for a work authorization document.

The K1 is not an employment authorized document. The Employment Authorizatin Document is the employment authorization document, and you need it in order to work, because employers are required to record that information on the I-9 form

So no, you can get employment without the EAD unless your employer is either uninformed or willing to take the risk of breaking the law. Smartest move is to count on 3 months without work.

[selly 0]

Read the links below and then tell me that I am wrong, I agree that many employers will be sceptical as to the authenticity of them, however they are formal advice documents.

K-1s are considerd to be work authorizided for the 90 days of the I-94 even without the EAD stamp, http://www.kamya.com/ssn/em00154.pdf

Also most employers will need a SSN in addition to EAD before hiring someone.

More: http://www.visajourney.com/forums/index.ph...om&page=ssn

[kitkat1 5]

Read the links below and then tell me that I am wrong, I agree that many employers will be sceptical as to the authenticity of them, however they are formal advice documents.

K-1s are considerd to be work authorizided for the 90 days of the I-94 even without the EAD stamp, http://www.kamya.com/ssn/em00154.pdf

Also most employers will need a SSN in addition to EAD before hiring someone.

More: http://www.visajourney.com/forums/index.ph...om&page=ssn

Rather than repeat the long discussion that happens here on a monthly basis when someone asks this question, please search for the most recent thread by Johnnie_Oz.

K1s are work authorized. Without the stamp or without an EAD, an employer is not legally allowed to hire you. Most employers know this.

Yes, most employers believe they need to see an SSN but this is not an issue since most K1s apply for their SSN within a few weeks of arriving in the country since SSNs are necessary for so much of life in the US.

[selly 0]

Read the links below and then tell me that I am wrong, I agree that many employers will be sceptical as to the authenticity of them, however they are formal advice documents.

K-1s are considerd to be work authorizided for the 90 days of the I-94 even without the EAD stamp, http://www.kamya.com/ssn/em00154.pdf

Also most employers will need a SSN in addition to EAD before hiring someone.

More: http://www.visajourney.com/forums/index.ph...om&page=ssn

Rather than repeat the long discussion that happens here on a monthly basis when someone asks this question, please search for the most recent thread by Johnnie_Oz.

K1s are work authorized. Without the stamp or without an EAD, an employer is not legally allowed to hire you. Most employers know this.

Yes, most employers believe they need to see an SSN but this is not an issue since most K1s apply for their SSN within a few weeks of arriving in the country since SSNs are necessary for so much of life in the US.

I can feel an email going off to the authors of the document to clarify the situation. Tried to search for Jonnie Oz but the name isn't known to the system, are you sure of the spelling or the poster?

[rebeccajo 14]

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1&idno=8

Specifically Section A Para 6.

[selly 0]

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1&idno=8

Specifically Section A Para 6.

Many thanks for the link. It appears the 'let's not make it easy or attractive for the applicants' attitude is getting wider and wider.

[kitkat1 5]

http://www.visajourney.com/forums/index.ph...c=67658&hl=

http://www.visajourney.com/forums/index.ph...c=67605&hl=

http://www.visajourney.com/forums/index.ph...c=67673&hl=

Read through these threads and you'll see that an EAD is a requirement and no there is no way around it.

[rebeccajo 14]

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1&idno=8

Specifically Section A Para 6.

Many thanks for the link. It appears the 'let's not make it easy or attractive for the applicants' attitude is getting wider and wider.

It's not a new regulation, selly. Been in the code for ages.

[selly 0]

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1&idno=8

Specifically Section A Para 6.

Many thanks for the link. It appears the 'let's not make it easy or attractive for the applicants' attitude is getting wider and wider.

It's not a new regulation, selly. Been in the code for ages.

Once again many thanks, it's just another frustration and hoop to jump through, particularly when I have all but got a job lined up ready to go. My democrat fiance will have a dickie fit over this, but hey we have overcome all of the other obstacles to be together so what is one more?

[cellarlily 0]

If you want to start working immediately, make sure your POE is JFK airport in New York. They are the only POE that still issue the EAD stamp. Sometimes they give it away without asking, sometimes you have to make a point of telling them you want that stamp.

This stamp is only valid for the 90 days that your K1 is valid, so you will most likely have a few weeks where you are not legal to be employed, which is why it's incredibly important to get your marriage certificate ASAP and apply for AOS immediately afterwards (or at least fill out ALL paperwork and gather all required documents prior...you should probably do this anyway).

When applying for AOS, also apply for your EAD. If you're lucky you'll get it before your 90 day temporary EAD runs out, but it's not very likely. However, if your employer is understanding, they will keep you in their system and allow you to work again when you receive EAD.

It's all a time-crunch, really. You have to get your paperwork in as soon as humanly possible so that you're not waiting around longer than necessary.

Edited May 29, 2007 by cellarlily

[Johnnie Oz 0]

If you want to start working immediately, make sure your POE is JFK airport in New York. They are the only POE that still issue the EAD stamp. Sometimes they give it away without asking, sometimes you have to make a point of telling them you want that stamp.

This stamp is only valid for the 90 days that your K1 is valid, so you will most likely have a few weeks where you are not legal to be employed, which is why it's incredibly important to get your marriage certificate ASAP and apply for AOS immediately afterwards (or at least fill out ALL paperwork and gather all required documents prior...you should probably do this anyway).

When applying for AOS, also apply for your EAD. If you're lucky you'll get it before your 90 day temporary EAD runs out, but it's not very likely. However, if your employer is understanding, they will keep you in their system and allow you to work again when you receive EAD.

It's all a time-crunch, really. You have to get your paperwork in as soon as humanly possible so that you're not waiting around longer than necessary.

Just wanted to concur with the wisdom of KitKat and Cellarlily.

KitKat, Yodrak and Dr LHA set me straight when I made similar claims to Selly.

I hear you, Selly, folks just wanna work

But KitKat and co are right, right, right! JFK as PoE otherwise you cannot work from the get-go. Simple as that....

BTW, folks. We are filing today! I-129F is being mailed within the hour! Finally...

At least we'll avoid the first hike in fees. The K1 really seems to be bearing the brunt, from $170 to $455. Can't say I'm impressed with that one.

The whole process just got more expensive: AOS, Removing Conditions, Intent to Naturalize and Naturalize. Probably over a $1,000 more than previously.

Whoops, had to vent a little!

[Yodrak 7]

selly,

Refering to your subject line, there is no "K1 Exemption from EAD Requirement". Being EA, as a K1 is, does not exempt one from having to show an employer an EAD in order to be hired.

A K1 does not have to submit an I-765 to become EA, but they do have to submit an I-765 to obtain an EAD.

Yodrak

Having done a little research on VJ it appears that K1 visa holders are authorised to work once they have their SSN as the K1 is an employment authorised document. As part of my research I was told that you still do have to apply for the EAD irrespective of this fact. It is my understanding that the EAD is required once you adjust status as the 90 day period will expire. Has any one had any experience of trying to get employment using the K1 prior to applying for their EAD with their AOS? Neither my fiance nor I are exactly over enamoured over the prospect of having to wait potentially for 3 months before I can start paying my way in the household (it hasn'y deterred us though).

Edited May 30, 2007 by Yodrak