SS card says "DHS authorization needed for work"

[pulteseller 0]

Hello VJers!

Just got my wife's SS card in the mail and it says, quite clearly, DHS authorization needed for work. I'm 99% sure that K-1 visa holders are automatically authorized to work, and that this is a Social Security error. She won't be working anytime soon, but my concern is how this affect our AOS petition. If it is in error, will we have to apply for another SS card before petitioning for AOS? I want to make application before July and the fee increase. Any thoughts from other K-1 visa VJers?

Thanks,

David and Pu

[payxibka 10,045]

It is not an error... in order to work she must show to a prospective employer her specific authorization... this "disclaimer" can be removed from her card when she has her green card

[Kez/JWolf 6]

It means that any employer should be looking for evidence that she is allowed to work.... an EAD would be enough....

Kez

[Yodrak 7]

David and Pu,

The SSA is quite correct in putting that notation on the SS card - until Pu becomes a LPR she will need DHS employment authorization in order to work. She may have that authorization at the moment, but it may expire and need to be renewed from time to time until she becomes a LPR. The notation is to remind to employers of this.

Yodrak

Hello VJers!

Just got my wife's SS card in the mail and it says, quite clearly, DHS authorization needed for work. I'm 99% sure that K-1 visa holders are automatically authorized to work, and that this is a Social Security error. She won't be working anytime soon, but my concern is how this affect our AOS petition. If it is in error, will we have to apply for another SS card before petitioning for AOS? I want to make application before July and the fee increase. Any thoughts from other K-1 visa VJers?

Thanks,

David and Pu

[pulteseller 0]

The VJ guide is a little confusing because section C of the following SS guide says K1 visa holders do not need DHS authorization to work.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

[pulteseller 0]

The VJ guide is a little confusing because section C of the following SS guide says K1 visa holders do not need DHS authorization to work.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

Well, again, my only concern was about filing for AOS. I'll proceed with this SS card.

Thanks everyone!

[Yodrak 7]

They don't, while they are in K1 status. When their K1 status expires they do.

Again, the notation on the card is a reminder to employers that an employer needs to verify a potential employee's employment authorization status - nothing more. The notation becomes unnecessary once a person becomes a LPR or citizen.

Yodrak

..... section C of the following SS guide says K1 visa holders do not need DHS authorization to work.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

Edited June 22, 2007 by Yodrak

[Dr_LHA 3]

The VJ guide is a little confusing because section C of the following SS guide says K1 visa holders do not need DHS authorization to work.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

Rule #1 when understanding employment authorisation is to never read what the SSA website says. Basically unless you have a Green Card, you are required to prove that you are eligible to work by showing either a valid EAD/EA stamp or a valid visa that shows work authorisation. As Yodrak says, the text on the SS card is to tell employers that they have to ask for this additional proof.

Once you have your Green Card, this text can be removed and employers will no longer ask for anything other than your SS Card and ID to prove that you are legal to work.

[Nancy2015 2]

How come K-1 holders don't need DHS authorization to work? Doesn't the K-1 visa itself serve as DHS authorization?

[Dr_LHA 3]

How come K-1 holders don't need DHS authorization to work? Doesn't the K-1 visa itself serve as DHS authorization?

The simple answer is that K-1 holders do need DHS authorization to work. The K-1 is "work authorized" for 90 days after entry, but you need either an EAD or an EA stamp on your I-94 to prove that you can work. Unless you enter through JFK airport you likely won't get this EA stamp, and applying for an EAD is pointless because it takes 90 days to be approved, and by that time the K-1 will be expired.

The SSA website is very confusing about this, which is why I suggest it be ignored. There's been a few flame wars on here in the past because people insist that because the SSA says one thing, that means they can work on a K-1. The fact is that whether your are work authorized or not can be determined very simply by reading the I-9 form and seeing if you meet the requirements. Just having a K-1 visa stamp by itself, does not meet these requirements.