Previous work authorization now on K-1

[Dr_LHA 3]

Nope. I do not understand. How does one get "employment authorized" just because one has a K-1 visa?

All K-1 visa holders are employment authorized for the first 90 days of their stay in the USA. However without the EA stamp on the I-94 (which is only given at a few selected POEs), you have no way of proving you are employment authorized, so can't work. Confusing huh?

[Magnolia31 0]

I kinda get what you are saying now. I still do not understand that if indeed i was automatically "work authorized" for 90 days when I came on my visa, why I was told I could not work. I give up on this thread! LOL

The K-1 is work authorized with or without the stamp, for 90 days. Trouble is that without the stamp, there's no way to PROVE that you're work authorized, and the employer is supposed to require proof before they hire you. Hence you need the stamp to prove you can be hired, and sometimes the SSA office won't give you a number on the grounds that you don't need one if you can't be hired.

It is about the dumbest situation on the planet. All dumber situations have to do with immigration, too, cf., AOS, rules on kids aging out of petitions.

It's like the difference between being a licensed driver and the actual physical driver's license that proves it.

[Magnolia31 0]

Yes indeed! What got me more confused is when I mentioned the whole stamp at the POE thing, I felt the responses I got implied that I was wrong.

So, with all the confusion, what is the best answer for the OP? I would hate for her to get even more confused with all of this now LOL.

Nope. I do not understand. How does one get "employment authorized" just because one has a K-1 visa?

All K-1 visa holders are employment authorized for the first 90 days of their stay in the USA. However without the EA stamp on the I-94 (which is only given at a few selected POEs), you have no way of proving you are employment authorized, so can't work. Confusing huh?

[Dr_LHA 3]

If the OP doesn't have an EAD stamp, they need to apply for EAD when they apply for AOS. Past employment authorization is irrelevant to their ability to work right now.

[payxibka 10,047]

Nope. I do not understand. How does one get "employment authorized" just because one has a K-1 visa?

Well I must be confused because I entered on a K-1 Visa and was NOT allowed to work the first 90 days like the rest of you. I had to file for my EAD card.

It is because you need to understand the subtle difference between being employment authorized (EA) and possessing an employment authorization document (EAD).

The law (immigration law) determines which classes of visa holders are eligible for employment authorization (EA). The law as enacted has determined that K-1 visa holders are eligible for employment authorization (EA) incident to status. The USCIS issues employment authorization documents (EAD)

[bszoom42 0]

Nope. I do not understand. How does one get "employment authorized" just because one has a K-1 visa?

You can thank the U.S. Code of Federal Regulations for this confusion!

8 CFR 274a.12(a) states that all aliens listed under 274a.12(a) are “employment authorized incident to status” and that they are “authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes.” K-1 Fiancees are one of the classes listed under 274a.12(a) at (a)(6). Therefore, K-1 Fiancees belong to the classes of aliens who are “employment authorized incident to status.”

8 CFR 274a.12(a) at (a)(6)

(6) An alien admitted to the United States as a nonimmigrant fiance´ or fiance´e 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;

The important point here is the distinction between an alien having employment authorization versus an alien having evidence of employment authorization.

So - yes, the K-1 can work. However, for the K-1 to show EVIDENCE that they can work to an employer, they need an employment authorization document.

Look at it this way. If you are over 21, you are legally allowed to consume alcohol. However, if you do not bring evidence that you are over 21, you won't be able to buy alcohol.

[Logres 0]

Look at it this way. If you are over 21, you are legally allowed to consume alcohol. However, if you do not bring evidence that you are over 21, you won't be able to buy alcohol.

Very good way of illustrating the point

[Killer_Clown_2009 0]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Who is Eligible?

The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

Check this out from USCIS, they SPECIFICALLY state that fiancees need an EAD to work. All these people insisting that K-1's are work authorized by their status alone simply confuse the issue.

[Magnolia31 0]

Thank you, that's what I thought.

If the OP doesn't have an EAD stamp, they need to apply for EAD when they apply for AOS. Past employment authorization is irrelevant to their ability to work right now.

Well isn't that basically what i said? LOL

Nope. I do not understand. How does one get "employment authorized" just because one has a K-1 visa?

Well I must be confused because I entered on a K-1 Visa and was NOT allowed to work the first 90 days like the rest of you. I had to file for my EAD card.

It is because you need to understand the subtle difference between being employment authorized (EA) and possessing an employment authorization document (EAD).

The law (immigration law) determines which classes of visa holders are eligible for employment authorization (EA). The law as enacted has determined that K-1 visa holders are eligible for employment authorization (EA) incident to status. The USCIS issues employment authorization documents (EAD)

[payxibka 10,047]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Who is Eligible?

The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

Check this out from USCIS, they SPECIFICALLY state that fiancees need an EAD to work. All these people insisting that K-1's are work authorized by their status alone simply confuse the issue.

You are the one who seems confused as you appear to not understanding what employment authorized means. There is a difference between employment authorized (EA) and employment authorization document (EAD). Employment authorized means you are eligible to receive an employment authorization document. You must be EA in order to receive EAD. You must have EAD to work. Nobody has said anything different. A tourist visa is NOT employment authorized and therefore not eligible for EAD. A K-1 is employment authorized because you are eligible to receive EAD the moment you arrive in country.