EAD No Longer Needed?

[Terri and Seb 0]

Not sure if I put this in the right place, but here goes.

I got this email from my fiance this morning. I haven't had time to do any research since I'm in class, but do any of you know what he's talking about?

"Subject: I may be able to work from the day I arrive in the USA!

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person's I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

K-1 Visa is on that list. Perhaps that means I will be able to work from day 1? I'm going to investigate this further.

How exciting! I love you xxx"

Any ideas?

[payxibka 10,045]

A k-1 is eligible for work authorization for the first 90 days, however, many k-1 visa holders will not have the documentation required to prove this. The link from the SSA is indicating that if a K-1 visa holder applies for a SSN, that just because they lack this specific documentation, does not preclude them from applying for a SSN.

[Terri and Seb 0]

Hmm. Thanks for your response, although I'm still a bit confused. Are you saying that if my fiance comes to the States and does not get the work authorization stamp when he goes through POE, he is still legally allowed to work if an employer will hire him for the 3 month period? Or are you just saying that he's ELIGIBLE to work, but not immediately granted that right?

[Terri and Seb 0]

Not sure if this is relevant or not, but he already has a SSN from living in the U.S. as a kid (his dad worked on an H1B visa).

[Kez/JWolf 6]

oops

Edited January 21, 2009 by Kez/JWolf

[Kez/JWolf 6]

Not sure if this is relevant or not, but he already has a SSN from living in the U.S. as a kid (his dad worked on an H1B visa).

As already said a K1 visa holder is employment authorized for the 90 days from the date they enter the US, BUT for a employer to employ him he will need to complete form I-9 and he will not have an EAD to show he is able to work. There is a revised I-9 form (02/02/09) and it states.

4. Employment Authorization Document, That contains a photograph (Form I-766)

So the EAD stamp from JFK is no longer valid.

And in 5. it now says that a I-94 has to say a specific employer.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

Edited January 21, 2009 by Kez/JWolf

[Terri and Seb 0]

(this is Seb, here - the subject of this thread)

According to the I-9 form itself, you can satisfy the requirements for I-9 with other documents than an EAD. You need proof of identity, and proof of eligibility - either you have something from list A, or something from lists B and C.

Documents that Establish Both Identity and Employment Eligibility

...

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

...

For the first 90 days after my arrival in the USA, I will have this document in my passport. I'm led to believe that the EAD stamp will serve as the required endorsement.

As for after that, see the following:

Documents that Establish Identity

...

Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

...

Documents that Establish Employment Eligibility

...

U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)

...

I can get the ID from the DMV. I can get the SSN from the SSA office in my new hometown (or at least, a new SSN card - my current one says "not eligible for work"). Surely then, I will have the right documents to fill in I-9? Employers are forbidden from insisting upon any particular document - see http://www.uscis.gov/files/nativedocuments/m-274.pdf. This all leads me to believe that I don't need an EAD.

Edited January 21, 2009 by Terri and Seb

[Rocky_nBullwinkle 6]

(this is Seb, here - the subject of this thread)

I can get the ID from the DMV. I can get the SSN from the SSA office in my new hometown (or at least, a new SSN card - my current one says "not eligible for work"). Surely then, I will have the right documents to fill in I-9? Employers are forbidden from insisting upon any particular document - see http://www.uscis.gov/files/nativedocuments/m-274.pdf. This all leads me to believe that I don't need an EAD.

Because of the passage of the Real ID Act, most states will only issue an ID card that is valid for the term of the document authorizing the alien to be in the US. Wait for your EAD before applying for your state's ID/DL. Most employers are reluctant to hire anyone that does not specifically meet the requirements on the I-9. I still have a dispute here as to what the actual "legal" employment status for K-1 arrivals is, but most employers will want to cover their behinds here, despite legal advise to the contrary.

--Bullwinkle

[Brad and Vika 129]

Not sure if this is relevant or not, but he already has a SSN from living in the U.S. as a kid (his dad worked on an H1B visa).

As already said a K1 visa holder is employment authorized for the 90 days from the date they enter the US, BUT for a employer to employ him he will need to complete form I-9 and he will not have an EAD to show he is able to work. There is a revised I-9 form (02/02/09) and it states.

4. Employment Authorization Document, That contains a photograph (Form I-766)

So the EAD stamp from JFK is no longer valid.

And in 5. it now says that a I-94 has to say a specific employer.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

OK - I guess that explains why the passport control in Atlanta yesterday had no idea what I was talking about when we asked for the EAD stamp. So please clarify - what documents will Vika need if she intends to work before AOS?

[Terri and Seb 0]

My understanding is that while your fiance is technically eligible for a temporary EAD,even if they don't receive it at the airport, it will expire within 90 days just like the K1. Because the wait time for a temporary EAD is typically longer than the 90 days anyhow (due to backlogs, incompetency, or a whole slew of other reasons) it's not even worth applying for one until AOS. That's what I gathered from the guides, anyhow.

[Brad and Vika 129]

My understanding is that while your fiance is technically eligible for a temporary EAD,even if they don't receive it at the airport, it will expire within 90 days just like the K1. Because the wait time for a temporary EAD is typically longer than the 90 days anyhow (due to backlogs, incompetency, or a whole slew of other reasons) it's not even worth applying for one until AOS. That's what I gathered from the guides, anyhow.

I have read here recently that the stamp at POE was good for 90 days, then work between the expiration of 90 days and AOS/EAD approval was normally overlooked by immigration authorities - although technically not allowed. Then when we came through Atlanta the passport control officer claimed to have never heard of an EAD stamp. So I guess the answer may be to just get a SSN and let 'er rip, or just wait it out.

Thanks for the input.

[payxibka 10,045]

OK - I guess that explains why the passport control in Atlanta yesterday had no idea what I was talking about when we asked for the EAD stamp. So please clarify - what documents will Vika need if she intends to work before AOS?

I-765.... pay $340 and hope like heck you get it before 90 days... (do not expect it.)

SSN is NOT work authorization and her card will be notated.... Unfortunately there is very little you can do to "let er rip".....

[tallcoolone 102]

If you want her to be able to work fast.

Once she arrives go to the JP and get married and then turn in your AOS package.

EAD arrived rather fast for us.

Check out our timeline?

[Ellie-and-David 38]

My understanding is that while your fiance is technically eligible for a temporary EAD,even if they don't receive it at the airport, it will expire within 90 days just like the K1. Because the wait time for a temporary EAD is typically longer than the 90 days anyhow (due to backlogs, incompetency, or a whole slew of other reasons) it's not even worth applying for one until AOS. That's what I gathered from the guides, anyhow.

I have read here recently that the stamp at POE was good for 90 days, then work between the expiration of 90 days and AOS/EAD approval was normally overlooked by immigration authorities - although technically not allowed. Then when we came through Atlanta the passport control officer claimed to have never heard of an EAD stamp. So I guess the answer may be to just get a SSN and let 'er rip, or just wait it out.

Thanks for the input.

Atlanta POE officers wont have had a clue about the EAD stamp. The only port issuing it at present is JFK and even then validity of this stamp is being called in to question due to new rules (see above discussion)

You can apply for employment authorization now but....it usually takes three months for them to issue it. At which point you will have had to have got married according to the terms of your K1 and will be applying for AOS using Vika's new information.

It's why so many people who are desperate to work as soon as possible ,get married very soon after entry and start the AOS process asap.

[Old Dominion 26]

The law now requires that processing for an EAD take no more than 90 days from the date application is received. Sometimes USCIS processes more quickly. After getting the EAD, one can obtain the SSN within ten days.