K1 visa- automatically entitled to work?

[HRQX 4,145]

1 hour ago, WandY said:

The difference between getting married and going the CR-1 route instead of the K-1 is that the CR-1 provides an EAD (ready to work when he/she lands in the U.S.).

To be precise, the endorsed IR-1/CR-1 is an I-551 document: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs LPRs don't need an EAD.

[HRQX 4,145]

2 hours ago, Dervlyah said:

My lawyer believes that I am entitled to work as soon as I get my SSN. And based off the information given on the SS website I would be inclined to agree!

Nope. Your lawyer should read 8 CFR § 274a.12: https://www.law.cornell.edu/cfr/text/8/274a.12 "Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services ( USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States." "An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service"

[purem4g1c 113]

When I went to apply for my SSN in June, the guy who took my application said that I was permitted to work too. Then he asked me if I had my "EAD" with me and I said I don't have one yet its too soon.

[DaveAndAnastasia 2,093]

A K-1 holder is a 'legal alien allowed to work' for the SSA's purposes, because you are technically allowed to apply for employment authorization in the 90 days. However, since it actually takes longer than 90 days to process an employment authorization these days, in practice you can't work on the K-1.

 

You get a work authorization you can actually use in the adjustment of status process, when you can apply for employment authorization for free, and if you get your green card before EAD, that works too.

[Ontarkie 14,345]

~~Moved to Working and Traveling, from Moving Here and Your New Life- as the topic is work authorization with  K1~~

[clw654321 159]

3 hours ago, Dervlyah said:

every other source seems to say that DHS and EAD authorization is required prior to work.

These sources are correct. It is just as your SS card says  “ valid for work only with DHS authorization”. K1 is Not authorization. EAD or a greencard is.

[jbn121 15]

Fire your lawyer ASAP. They simply don't know the basics.

YOU CAN NOT WORK without EAD. Absolutely not. Period. Again: you CAN NOT work until you get EAD in your hand. SSN is not EAD. EAD is the only document that grants you right to work. Nothing else. Period.

No one is getting nasty. It's simply you being deaf and blind. Read what other say. Apparently, forum people are more smart than your lawyer.

[geowrian 22,337]

5 hours ago, Dervlyah said:

This means my social security card should not have “ valid for work only with DHS authorization” written on it. 

Yeah, right. Wait until you get the card and see that language on it like literally everybody else in your situation. Your case is not special. You need DHS authorization to work still, which will happen when you get the EAD.

[Dervlyah 31]

2 hours ago, DaveAndAnastasia said:

A K-1 holder is a 'legal alien allowed to work' for the SSA's purposes, because you are technically allowed to apply for employment authorization in the 90 days. However, since it actually takes longer than 90 days to process an employment authorization these days, in practice you can't work on the K-1.

 

You get a work authorization you can actually use in the adjustment of status process, when you can apply for employment authorization for free, and if you get your green card before EAD, that works too.

Thank you. This was the confusion that occurred. It was actually my lawyers assistant that gave me this information. It is clear now! 

[Canerican 242]

My now wife and I went K-1 -> AOS -> ROC -> Citizenship without a lawyer. Unless you have red flags in your case a lawyer is not needed. 

[FaithProfessoR 171]

6 hours ago, Dervlyah said:

Hi everyone. 
 

I recently arrived into the US on a K1 visa and married my fiancé. We are in the process of applying for adjustment of status. 
 

I asked my lawyer about applying for my SSN and they made a discovery that K1 visa holders are one class of visa holders that are automatically entitled to work without EAD authorization or DHS authorization, according to the social security website itself. Please see following links: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

This means my social security card should not have “ valid for work only with DHS authorization” written on it. 
 

Every time I’ve googled this, every other source seems to say that DHS and EAD authorization is required prior to work. Even visa journey itself links ( https://www.visajourney.com/content/ssn/ )to one of these above website and states this, even though the website itself states the opposite. Has anyone else encountered this? 
 

My lawyer believes that I am entitled to work as soon as I get my SSN. And based off the information given on the SS website I would be inclined to agree!

 

You approaching the chart with the wrong concept that chart explains what aliens are eligible for enumeration (get an ssn). SSA roles is to give you the number USCIS role authorize the employment for aliens.

Edited November 7, 2019 by FaithProfessoR

[geowrian 22,337]

7 hours ago, Dervlyah said:

I asked my lawyer about applying for my SSN and they made a discovery that K1 visa holders are one class of visa holders that are automatically entitled to work without EAD authorization or DHS authorization

Red flag 1: He doesn't know that K-1 is not authorized to work without an EAD. This is clearly stated in official sources.

Red flag 2: He's looking at the SSA to determine work eligibility, not anything within the INA, AFM, USCIS policy manual, a CFR, or any official source for immigration information.

Red flag 3: He "made a discovery"...? Is this his first K-1 ever? Did he not look into work eligibility at any point previously? Why is this suddenly being discovered now? There are several tens of thousands of K-1 visas issued annually and has been that way for decades.

Edited November 7, 2019 by geowrian

[Loren Y 2,756]

My advice, don't try working until this card with your photo and name is in your hands.

[BryceAndRebeca 92]

No, when you apply to jobs they ask you for EAD or Green card. Having an SSN it's not an authorization for working. If you don't trust people that have gone through this process and you think you're absolutely right, I urge you then to read USCIS and DHS when it comes to Aliens working in the US.

Also it's a good idea that you go to your lawyer and show him/her the information that was shared with you on this forum, and have a discussion as to why he/she says your partner can work only by having a SSN.

 

You have several people telling you whats right per USCIS and DHS, and you are still refuting and saying they're wrong. Maybe it's time for you to think maybe, just maybe... your lawyer has no clue. It wouldn't be the first time.

[HRQX 4,145]

24 minutes ago, BryceAndRebeca said:

No, when you apply to jobs they ask you for EAD or Green card.

Technically employers can't dictate which documents must be presented: https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights As an example, LPRs can present a DL and unrestricted SS card (List B and List C combination) if they wish.