POE JFK & Work Permit

[Tjl3909 0]

My fiance came though JFK 2 weeks ago. We spend a few days in NYC, then came home to Florida. We noticed on her Visa they stamped "employment authorized". She was told on another forum if you go through JFK they WILL authorize employment immediately, but will not in any other POE. Does anyone have a similar story? We already applied for her SS # this week.

[Harsh_77 718]

Thats a good question, I dont know if someone on K1 can work for the 90 days before they get married.

I guess they let fiance work in good faith that 2 will get married.

[Bobby+Umit 161]

Not valid for working - K-1 related.

My link

Short answer - it will not pass the I-9 check. (they changed the rules).

You will need the EAD to work.

[Gary and Alla 3,694]

My fiance came though JFK 2 weeks ago. We spend a few days in NYC, then came home to Florida. We noticed on her Visa they stamped "employment authorized". She was told on another forum if you go through JFK they WILL authorize employment immediately, but will not in any other POE. Does anyone have a similar story? We already applied for her SS # this week.

JFK still puts this stamp on all I-94s to my knowledge. They put one on our 13 year old K2 son's when he arrived. K2s are not eligible for an SSN until they have a green card or EAD and 13 year olds can't work anyway. It means nothing without a work visa which the K1 is not. CBP does not authorize work in any case. Try to imagine what would happen if the CBP officers at JFK were actually authorizing work and no one else was... Can you say A-C-L-U?

They put the stamp because they are lazy and do not bother to cjheck if your visa authorizes work. If it does...you are all set, if it doesn't...they wasted some ink.

Check the I-9 form issued by the DHS (DHS authorizes work...NO ONE ELSE) You will not find a K-1 with a work stamp as an authorization.

You need to get married, then file for AOS and file for an EAD (I-765) at the same time. It will take approx 2 months after filing to get work authorzation. The K1 is not a work visa, it is a bad choice for anyone that feels they need to work soon after arrival

Thats a good question, I dont know if someone on K1 can work for the 90 days before they get married.

I guess they let fiance work in good faith that 2 will get married.

They can't. They don't. No such thing as "good faith" in immigration.

[Darnell 8,478]

*** not an IR-1/CR-1 topic, moving to 'Working & Traveling During US Immigration' forum ***

Edited September 15, 2010 by Darnell

[Gary and Alla 3,694]

Actually Bobby, they did not change the rules or the law. A change of law would require an act of congress...never happened. A change of the rules would require a 90 day comment period after posting in the Federal Register...never happened.

They changed the WORDS on the I-9 to clarify what the rule had ALWAYS been. K-1s are not work authorized and never were. For some period of time the WORDS on the I-9 were not clear that the K1 and other visas were not work authorized and therefore they could not ENFORCE the rule against K1s working.

The words were changed in February of 2009 and the enforcement began in April of 2009. Before that time, it was possible for K-1s to get a job, provided the employer was not aware of the law and rules and couldn't interpret the I-9. It was NOT "legal" for them to work, it was an "affirmative defense" to working illegally that they were "confused".

YES, K-1s CAN get a Social Security number and the SS administration lists the visa as "work authorized" The SS administration does not authorize work, it is not theirs to decide. If a K1 gets an SSN without an EAD or Green Card it will be marked "not valid for work". The classification of the visa by the SS administration is a "default" so their system WILL issue an SSN? Why? Because until 2008 SOME jurisdictions required an SSN for a marriage license and they did this so a K-1 could get a marriage license in any jurisdiction and meet their obligation to get married. K2's, K3's and K4's are not eligible for SSNs because they have no need for them and never did.

Can you imagine if the SS admin authorized work for FIANCEEs but not for SPOUSES (K-3)???? OMG!!!!!! Can you say A-C-L-U?

K1 is not and never has been a work visa. It is a fiancee visa. The CR-1 is an immigrant visa that comes with a green card and should be the choice one makes if working is an issue...but it takes longer and you have to be married first.

People choosing the K1 need to understand that getting the fiance(e) here is only half the job, they are NOT going to authorize them to work until you meet your obligations of the visa...get married within 90 days and file for AOS (read that as "pay $1010")

Imagine the fraud that would occur if you could get into the United States AND get a legal job and all you had to do was "promise" to marry an American.

[Nik+Heather 121]

So a lot of people have said this over and over, but people keep getting hung up on what the SSA says, or if JFK hands out stamps, or if they see any wiggle room in the I-9. The only way a K-1 can work as a K-1 (and not an adjustment applicant after marriage) is by applying for an EAD and paying the $340. It will arrive in ~60 days, and be valid until the I-94 expires.

Other helpful tips before proceeding to read below: DHS (Department of Homeland Security) is the encompassing body for CBP (Customs and Border Protection) and USCIS (United States Citizenship and Immigration Service) CBP and USCIS are two different departments, and one cannot do the job of the other - so when a CBP official puts a stamp claiming to "authorize work" on to a piece of paper, that is not the same as USCIS issuing an employment authorization document.

As Gary says, what's in the law is the ultimate source, the I-9 etc. is an interpretation of that. Here's what the law says:

(9) Employment authorization. An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay. K–1/K–2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to §274a.12(a)(6) of this chapter. K–3/K–4 aliens must apply to the Service for a document evidencing employment authorization pursuant to §274a.12(a)(9) of this chapter. Employment authorization documents issued to K–3/K–4 aliens may be renewed only upon a showing that the applicant has an application or petition awaiting approval, equivalent to the showing required for an extension of stay pursuant to §214.2(k)(10).

I would love to strain my eyes and try to follow the proper nested references for you to quote it to you properly, but It's so much easier if you just go to the eCFR and do a find on the words. I used the classification - you can see a lot about what the law actually has to say about your class of admission on a K visa there....It is clear here that no POE stamp makes a K-1 eligible to work. You need to apply for an EAD with the accompanying fee of $340.

http://ecfr.gpoacces...&idno=8#PartTop

You can find it yourself if you google "ecfr" (for electronic Code of Federal Regulations) and then go under Title 8 for Aliens (&DHS) and then look under part 214 (Non-immigrants)

You can use that same resource to go here and read: http://ecfr.gpoacces...54.2.1.1&idno=8

Remember, (a)(6) is for fiance's, as in the above paragraph....

§ 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens 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. 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.

[snip]

(6) 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;

Edited September 15, 2010 by Nik+Heather

[Saddle Bronc 124]

Yes, it can be used for working--so long as you manage to find an employer who will be willing to let you take an indeterminate-length unpaid leave (even if you get married one day after landing, and then file AOS-full-packet same day, USCIS processing either AP or EAD within 89 days would be close to impossible) and then let you back in afterwards.

[Nik+Heather 121]

Yes, it can be used for working--so long as you manage to find an employer who will be willing to let you take an indeterminate-length unpaid leave (even if you get married one day after landing, and then file AOS-full-packet same day, USCIS processing either AP or EAD within 89 days would be close to impossible) and then let you back in afterwards.

I fully agree that the practical use of the EAD based on the K-1 entry is approaching useless due to precisely the reasons you state.

[Gary and Alla 3,694]

Yes, it can be used for working--so long as you manage to find an employer who will be willing to let you take an indeterminate-length unpaid leave (even if you get married one day after landing, and then file AOS-full-packet same day, USCIS processing either AP or EAD within 89 days would be close to impossible) and then let you back in afterwards.

So, what you are suggesting...

1. Arrive

2. File for EAD before marriage and AOS and pay $340

3. Wait 60 days or more

4. Get hired at a job

5. take a leave of absence when your EAD expires a few days later

6. Find an employer that will hire you and immediately give you an indefinite leave of absence and hols your job open for you until you have a green card.

Great. And what does that have to do with the stamp given at some POEs?

Waste of time and money.

If working is so important to your situation, then get married first and file for a CR-1.

[wagonmaker 7]

Yes, it can be used for working--so long as you manage to find an employer who will be willing to let you take an indeterminate-length unpaid leave (even if you get married one day after landing, and then file AOS-full-packet same day, USCIS processing either AP or EAD within 89 days would be close to impossible) and then let you back in afterwards.

Not to beat a dead horse or anything, but that's not as absurd as you make it sound - you could get a short-term job. where the employer is aware that he is hiring you for a limited, temporary period of time, like 3 months, right? If you have the JFK EAD stamp that says work is authorized, is that out of the question?

[VanessaTony 3,567]

Not to beat a dead horse or anything, but that's not as absurd as you make it sound - you could get a short-term job. where the employer is aware that he is hiring you for a limited, temporary period of time, like 3 months, right? If you have the JFK EAD stamp that says work is authorized, is that out of the question?

It's absurd YES because the work stamp given at JFK is NOT a work permit. It is NOT a legal way for a K1 to work. Please re-read the post above that details it is NOT legal for a K1 to work without an EAD. The stamp does NOT count.

Edited October 6, 2010 by Vanessa&Tony

[Extreme happiness 9]

My fiance came though JFK 2 weeks ago. We spend a few days in NYC, then came home to Florida. We noticed on her Visa they stamped "employment authorized". She was told on another forum if you go through JFK they WILL authorize employment immediately, but will not in any other POE. Does anyone have a similar story? We already applied for her SS # this week.

I notice this post was since 2010 but do they still do this at POE? has anyone received this at JFK

[TBoneTX 45,291]

No, and it wouldn't be worth anything, either, for the reasons mentioned above.

(Moderator hat on)

Old thread closed, to avoid confusion.