Hello readers, Should I be concerned about which US port of Entry i select? JFK and Atlanta used to have their immigration officers provide work permits..Is that History now..from what posters on this forum are saying, there is a very real possibility that I have to be unemployed for 3 months when i arrive in USA on a k1 fiance visa

Has anyone found otherwise within the last 12 months and been successful in legally obtaining authority to work?

thanks
Peter

Based on posts here in the past 12 months, only JFK still sometimes gives the temp. EAD and it only allows you to work for 90 days. If your new EAD hasn't arrived by then, the employer is not supposed to allow you to continue working, although apparently some do it.

Hi Petefrmoz,

I am also from Oz and will be flying to JFK in early March. As far as I know you can still get the EAD pretty reliably at JFK but I don't know for how long that will last.

I intend flying through Tahiti to make JFK my POE. Have you been into the Aussie Forum here. You can talk to other friendly aussies who are going through the process.

Good luck
Girlfrmoz

Hi,
I wasn't expecting such quick replies, thanks..My fiance and i have been doing this long distance for 7 years..Towards the end of 2007, I will be entering on K1 and we are finally getting married! Good luck with the entry via JFK, I hope you get to post your experience on here. We just have to be patient one more year, then noooooooooo more waiting EVER!
thanks
Petefrmoz

so is the Temp EAD something you just ask the immigration officer for when you come through JFK?

Yep, just ask for it as you first pass through immigration. It was a very simple and hassle-free process for me, hope it will be for you.

Yes, you need to ask for it. I also read that oher POEs give it. Some people call ahead of time and confirm if it is available. Rumors have been circulating for years that it could discontinue at anytime, but it hasn't yet.

If ANYONE has gotten a temp EAD through any POE other than JFK in the past 6 months, please please please POST IT. The word has been for a very long time that JFK is the only remaining POE that does give it.

Somebody posted a link to the 'Rolling POE list' which was a log where people could post their POE, date, visa type and whether they got a temp. EA stamp or not. I'm sorry I can't remember it but maybe you can look or someone else will chime in with the link. I think I've got it bookmarked on my work computer.

Someone from Canada got one crossing the US/Can land border @ Buffalo a few weeks ago. Forget who it was, but they called ahead and were told that it was not normally given, but would be if they asked for it, and they did so and got one.

"LISTEN TO ME"!!!!!!!!!!!!!!!!!!!!!!!!!

I have been through this many, many, MANY times here on VJ and though I love this place, sometimes people's "experiences" and "opinions" aren't exactly right!!!!!!

The stamp that you get on the I-94 when you come in on a K-1 visa IS a temporary EAD!!! You have the authority to work only for the 90 days formthe date of yoru entry it's clearly stamped on your I-94 (the date it expires) PLUS you still have to get a SS# before you can work too, so basically, it takes anywhere from two to four weeks to receive a SS card, THEN you can work. But only until your I-94 expires which is 90 days from the date of entry. Don't believe that hype about only going through JFK, don't waste your money, and no POE gives you an EAD. WHat they are referring to is an EAD that is valid for one year (NO, they don't give those). If you want proof, look at the form that you need to fill out when accepting a job, I think it's the I-9..... on page two it plainly states what you need in order to prove to the employer that you are eligible to work, and that is a valid, unexpired I-94, which is what you received when you entered the county, FROM ANYWHERE!!!! And of course, you still need your SS# and an ID, could be your foreign passport. This is tried and true, by yours truly. I spent FOREVER trying to figure out if I should go through JFK, BLAH BLAH BLAH, called JFK three seperate times to ask them if they give these EAD's taht every one was talking about. THANK GOD I didn't go through JFK and THANK GOD I did a little more research and didn't listen to many people here. Just look on the I-9, page two, column A, rigth tehre it says Valid, Unexpired I-94, which all get when the enter theUS.

Hope this helps those who are weary and doubtful!

S

Welll, all I can say, is thank god i DID go through JFK, I got 9 weeks work out of it, then decided to stop for a while (I was doing temp work and the assignment ended) because it was close to the time when my I-94 would be expiring. In the end, my I-94 expired on the 24th Jan, my 1 year EAD card has a start date of 22nd Jan, so i have actually been authorised to work since arriving with no gaps. It may only be a 90 day EAD, but in the cases of people where money can be tight, I really think it can really be a blessing.

Are you trying to saying that every K1 applicant receive an I-94 Work Authorization Stamp allowing them to work for 90 days? I have not seen anyone post this information in the past year and I suspect most people don't receive the work authorization stamp. Can you provide more information on your experience and do you know if anyone else also actually got this stamp instead of a temp EAD and worked using it?

That was me ... it wasn't Buffalo.. it was Detroit. Buffalo confirmed that though they once did it - they had stopped the practice.

The list you are looking for is www.k1poelist.com.

Just be careful --- I realized at the last second that many international airports are pre-clearance now, which means you actually go through US immigration and customs in your own airport - not at your destination airport (in this case JFK). Every damn airport in Canada it seems now, is pre-clearance.

Mo

There is no stamp on the I-94 that says "EAD". What they do stamp is that you have entered the country, and that your I-94 and Visa expire on ______ (90 days). The I-94 IS your EAD for 90 days.

See this link, it's the I-9 form, on page three it shows what you need to show eliginiity to work. The I-94 is on List A. This is your 90-day temporary EAD, you CAN use this to start working as soon as you get your SS card BUT can only work until the expiration date. My husband, went to work for two national companies that DO NOT hire people unless they have ;egal authorization towork in the U.S. and this is the temp EAD. His bosses even told him he needed to get his new EAD before his I-94 expires or else he could no longer work for them, and he didn't get it and he could no longer work.

My hubby did not go through JFK, but through Miami, thank I did my reserach cause we would have paid and extra $500-$800 just to go through JFK.

Like anything here, I sugesst you do your own research, I made calls (tons of them) and this is what happened to me, plain and simple. Like I said, I love this site, it's helped me TREMENDOUSLY, through allof this, and without a lawyer. You just have to cross your t's, dot your i's check, check and check again.

Hope this helps!

Anyone else slightly confused by Skemper??

Um I suppose what he is saying is that you can get the Temp 90 day EAD stamp from anywhere but you have to go in and ask for it somewhere (didn't quite understand where...) and you don't necessarily have to get it from your POE....Although somehow I think it would be a lot easier to just fly into JFK or some few other places and simply ASK for the stamp from Immigration. Although I understand that not ALL people have easy access to JFK (like for instance the UK)....But regardless you have to get an SS card (which I knew about before).

No, you dont' ask for it from anywhere it's the normal stamp that is placed on the I-94, there is nothing else extra. With that I-94 you can work for 90 days, period. There's nothing confusing about it. People here make it more confusing than it actually is........ did you get my link for the I-9?




AND they don't give the EAD's like they used to at JFK, if you call, they're goign to say they don't do that anymore, because what they USED to give is a one-year EAD, they DON'T anymore, they just stamp the I-94 like they're supposed to do and that's it. That IS your 90-dat EAD, not the one year, but a 90-day EAD. It's not confusing at all.

I am confused even though what you (Skemper) have written is very clear.

I'm confused because if the stamp receved at the POE in the I-94 was valid for 90 days of work, I would *think* a ton of people who already know about this and have used it.

I will certainly ask at my fiance's POE the next time I come through there (mid-April) about exactly what they stamp and what it's good for, but of course their information is not always accurate. The true test will be when he asks an employer if that is acceptable until he has his real EAD.

Errrrr, the I-94 is not your EAD for 90 days, the stamp that says 'work authorized until (date)' is! It just happens to be on your I-94 and has the same expiration date...

I'm not sure whether you're arguing that you can work for 90 days upon arrival regardless of whther you have the temp EAD or not, or if I just don't really understand what you're on about

I was going to say! The I-94 is the paper that ALL people fill out when you enter in the US (tourists, immigrants, etc). I guess i am not understand WHERE you get this EAD stamp from if not from the POE....You have to have some form of Stamp or something in regards to EAD to even get the SS card with Work Authorization on it. (remember it is different for K visas then it is for Cr-1 people)

She's saying everyone gets the stamp in their I-94 automatically upon entry allowing them to work for 90 days. Since we haven't seen this to be true, it's confusing.

Here is what the I-9 says:

Unexpired foreign passport,with I-551 stamp or attached Form I-94 indicating unexpired employment authorization.

The question is, what if anything has to be on the I-94 indicating unexpired employment authorization. I think it is skemper19's premise that the I-94 is sufficient "standing alone" and no additional indication needs to be noted. It would be great if that is all that is required.

I think we all understand that a K-1 has EA incident to status but the real question is trying to get an employer to understand this.

Okay, all I'm saying is that my husband came through MIA, did not get and EAD stamp, but the regular entrance stamp and was able to work legally for 90 days. That's it, just wanted to share my TRUE experience with all fo you. Do what you will!

Problem is, it could be that his employer accepted that stamp. Ultimately, it's the employer's responsibility although it's clear that many of them don't understand what is legally acceptable so it's hard to know if his employer made an error or if just having the regular stamp in some legal way allows authorized work.

What you are saying is that your husband worked during those 90 days... I do not think you can say definitively that he worked "legally" .

His TWO employers confimred with their national headqurters. He didn't work for Joe Blow's supermarket but for national firms. Sorry guys, we did everything legally and legitimate. It's up to you to confirm. I did, and this is what happened for us, legally tried and true. have fun! DOnt have time to keep responding to this. It is what it is, take it or leave it!

On this link you can check out a scan of a L1, above you can bearly read WA and a kind of "S". I guess WA stands for Work authorisation.
this is different from a clasical stamp as below
http://www.usc.edu/student-affairs/OIS/Ngraphics/I94.gif

Can anyone confirm:
1/ this stamp exist
2/ you can get it at JFK
3/ any recent experience would be appreciated


Thanks to all, I m flying in next week

Okay, I decided on one more reply before I rest this. I also did some resercah and found a public memo form teh SSA to all branch offices advising that as of some date in 2003 (I think), i-94's for K-1 Visa Holders were allowed to receive their SS card and work until the I-94 expired. I'll do some resercah to see if I still have that memo, but it clearly states that.

That stamp is for a J-1 (exhange) visa. The next line is D/S which means Duration of Status.

The EA stamp is a red, smugy stamp that says "Employment Authorized"

WILL TRY IN CASE BUT...

In this link you can check out a scan of a L1, above you can bearly read WA and a kind of "S". I guess WA stands for Work authorisation.
this is different from a clasical stamp as below
http://www.usc.edu/student-affairs/OIS/Ngraphics/I94.gif

Can anyone confirm:
1/ this stamp exist
2/ you can get it at JFK
3/ any recent experience would be appreciated

OK found one of the suporting docs form SS Administration. The link will be available until tomorrow, then anyone else who wants the doc will have to e-mail me for it.

http://packages.colliersawf.com/ssdoc.doc

Like this one right?
http://www.osha.gov/pls/epub/wageindex.dow...I9_Handbook.pdf
page 23

so I guess skemper19 had been maybe lucky?

As you will see, a K-1 visa holder will not have an EAD stamp on their I-94, but is authorized to work through the expiration date with that plus the SS#. Guys, trust me, been here, done that. K-1's are good to work without specified INS AUthorization ONLY until the expiration.

Not exactly.

Yes the K1 visa is a "Work Authorized" visa.

Yes the I-9 does state that a Valid I-94 stating "work Authorized" is an ok document to use


As stated before, the I-94 must state "work authorized" to be used as a document for employment. At this time the only POE that i have heard of (please prove me wrong) is JFK.

At other POE's they have a different stamp now.

that being said:

The employer could decide to accept the paperwork knowing that a K1 is a work authorized visa with the right words on the I-94

skemper, you misunderstand the relationship between SSA and USCIS.

The SSA memo covers the K-1 for getting their SS number assigned.

K-1s are Employment Authorized, but generally do not have the required EVIDENCE (called an EAD/Employment Authorization Document).

The employer is required to complete Form I-9, and a non-immigrant I-94 is not sufficient evidence, even with a Social Security card. An I-94 WITH the EA stamp IS a valid EAD.

That your husband's employers chose to hire him without the documentation that they are supposed to use is up to them. Your husband was EA for his first 90 days. He did not have a valid EAD.

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.

the EAD stands for the so called EAD which is one year duration. Since K1 (as a J1) doesnt require specific authorisation by its natrure no need (as to work under a J1) to get a specific stamp. The visa need a stamp when it is not originally authorized liek a K2. Probably since the lack of clarity you can get stamped as a K2 OR ANY OTHER visa needing a stamp but according to this

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

I think skemper19 is right.

Not worried. just as to be explained properly to my new firm (2 weeks).... fingers crossed please.
Anyway please be sure I ll keep everyboday posted with tis myth or not.

Vince

not so sure the INS says authorized to work (not elligible)
all of this is pretty tricky though..

But he didn't get an EAD stamp . . . was he still authorized to work for first 90 days without it (regardless of what the employer said)? UGH we've been over this again and again and I'm confused ALL OVER AGAIN!!!

Saucer of milk?

The phrase is 'employment authorized incident to status'. IE: as a part of being a K-1, you are employment authorized.
Big Whee, except you can get a SS account going.

To actual become employed, your employer must complete Form I-9, and see certain types of evidence. Even if you are EA 'incident to status', you have NO evidence of it.
If you get 'the stamp', you have evidence that can be used on I-9.


Here's a weak example.
I'm certified to scuba dive; you have to take a class to get certified. I take the class and I'm "certified" (Employment Authorized). When the class is done and the paperwork sent thru, I get a little card saying that I'm a certified diver. If I want to go diving with a shop/resort, or rent an air cylinder from a store or even get my own cylinder filled, I have to show that card (my "EAD"). They can not (read: will not) take my word for it, even if I'm standing there with seaweed in my hair, a trident in one hand and Jacques Cousteau standing behind me.

So, I did the initial class, got my card and went and did lots of diving.

In the normal course of things, I might continue my dive education and get further advanced certifications, netting me a new 'advanced' card. But you have to pay to take those courses, and I was learning from some of the best divers ever, just in an informal setting. I have done all of the qualifying activities to be rated as a Dive Master, but I have not paid for the certification, so I can not present myself as a "Dive Master". I am merely a certified diver. Incident to my status as a diver, I can access dives anywhere, but can not perform the duties of a DM (leading groups, instructing etc) until I have THAT card. I MUST go through the classses to get that card.

?

Thanks Mo - you have a lovely way of breaking it down! I imagine then that since skemper19's husband did not get "the stamp", the only way was actually able to work is because employer's decided it was ok (or didn't understand, or were willing to take the risk). In the case of my fiance, for example, he will not get a stamp at the POE, therefore unless he finds an employer willing to allow him to work, he HAS to wait for the EAD. Correct? Phew!

Preeeee-ZACKly!

Our gov't put the onus of verifying employment status on employers. Form I-9 is completed and placed in a nice file drawer in the employer's office *ready to be inspected should anyone come to inspect them*.

Mr skemper knows that technically he was authorized to work (tho if he were not, that work would be forgiven for the spouse of a USC) and Mr skemper's employer knows or doesn't know what she is supposed to be doing. The penalties (if the inspection ever came) would be on the employer. You can imagine how much of that going on there is (<koff> I've been an employer for +25 years and never showed an I-9 to anyone other than the employee).

The EAD is for getting HIRED, or to prove EA status after the initial K-1 90 days.

So in the long run....you must get some sort of Work authorization stamp from an immigration officer (like at JFK) on your I-94 to prove to the SS office that you are authorized to work, therefore receive your work authorized SS card, and then an employer can Legally hire you. The work authorization stamp & SS # (with work authorization) will be evidence for the I-9 paperwork the Employer must use to show you are eligible (if they are ever asked if the immigrant is legally able to work).

Sorry...I like to summarize these things. lol

{We must remember with a K visa you are not automatically authorized to work, you must get Work Authorization (ie Stamp). Certain other Visas I believe (Cr-1's for example...) are treated differently and can receive work authorization without getting a stamp upon arrival. K1 visas are only temporary visas remember. therefore they may also be used to just get married and return to whereever you came from, so technically there is no need for a person to work..HOWEVER a majority will then apply for their greencards. Saying that you are intending to remain in the US after getting married and the expiration of the K1 Visa,and is proof to show it may be a necessary thing for you to work and therefore receiving a work authorization stamp is important. (excuse the tangent...it's a habit)}

I understand that some HAVE entered the US and not received a work authorization stamp (or maybe were unaware that they did) and were still employed. If they have no proper proof of work authorization from the US, then A) the work is at fault if caught hiring a employee with no proof of work authorization & B ) the SS office would also be at fault for awarding a SS card with "work authorized" on it when there WAS no proof of authorization or C) again the work is at fault for hiring someone with no proof or a proper "Work authorized" SS#....From what I have gathered the SS office does not issue "Work Authorized" SS# lightly and even if having proof (ie a stamp) they will not always grant you as "work authorized". In saying that I highly doubt an SS office would hand out a "work authorized" SS # without proof. And in final, either Skemper's Husband DID have a stamp and did not realize it, or he was just one lucky bugger who slipped through the cracks.

btw Skemper, I am not trying to prove you false, I do believed it all happened as you said, I am just trying to clarify to others that his experience was a lucky thing i suppose because based on all research and evidence, you MUST have a work authorization as a K-1 visa holder to be eligible to work upon entering the US.

I also apoligize if I don't make any sense to people. it seems to be a habit today....I hope someone understands my logic, even if only one...
(meauxna seems to understand...must be Wanda's magic.. lol )

Correct that you need a work authorization stamp or temp EAD received at the POE in order to work during the first 90 days. Beyond that, you need an a work authorization document which has to be applied for with the AOS package, otherwise you cannot work beyond 90 days. The only exceptions to either situation would be working for an employer who doesn't care.

You do not need work authorization to get a SS card. As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). The card will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

A K1 visa is NOT a temporary visa for someone to get married and return to where they came from. Someone who wants to simply marry in the US and return home can do that on a tourist visa or Visa Waiver. A K1 is specifically to bring a foreign foreign for the purpose of marrying AND REMAINING in the US with their then spouse.

thank you. I just wanted to clarify to people that you DO need the stamp as some were starting to think you could enter ANY POE and not have to worry about getting the stamp (well, if you want to work legally that is).

lol I should have left out that tangent in the middle, you are correct kitkat. I just keep going and going sometimes...also I believe someone long ago told me techinically the K-1 visa is like a temp as if you do not apply for AOS, you must leave the US. only applying for an AOS makes you eligible to stay further. But you are right that it is not temp as it is assumed that have applied with intending to file AOS and stay in the US permanent. (prob confused with research for UK fiance visas where you have to have a Fiance Visa to get married in the UK regardless if you are staying or not)....lol oh dear here I go again.

You people crack me up. No his I-94 didn't say "WORK AUTHORIZED" and no his employer didn't decide to let him work, he WAS LEGALLY ABLE TO WORK for 90 days. WHat are you people not understanding here??? JEEZ this makes me crazy. All I was trying to do was help everyone out with my TRUE experience and ease everyone's mind taht you will nto get any POE to stamp WORK AUTHORIZED on your I-94 butthat your I-94 is in fact your authorization to work if you have a SS# taht's it, noo tricky language, nothin AND, again, no one did us any favors by letting my husband work for ninety days? He rightfully and legally was able to work for 90 days with his I-94 that DID NOT say "WORK AUTHORIZED" and his SS# and I.D that he got through teh STate that was valid onlyuntil the expiration of both the I-94 and visa. Thanks guys!

Best of luck to all of you! It's not that complicated, ujless you make it complicated.

skemper, no one is trying to make it complicated, just trying to clarify what facts VJ has seen to be true for many years. it seems that you've missed those facts here as Mo so kindly clarified for the 1000th time: An I-94 is NOT in fact your authorization to work if you have a SSN. It seems your husband got very lucky with his employer because they didn not fully understand the requirements or chose to ignore them and lucky for him, he was able to work. But let's not mislead people here into believing they can work without a temp stamp or an EAD as this is not correct.

kitkat,

A little re-phrasing might make things less confusing.

With regard to working, the key issue in the K1 situation is that the employer cannot hire a person who does not have an acceptable EA Document. Everyone looks at it from the K1's point of view - can they or can they not work. It needs to be looked at from the employer's point of view - can they or can they not hire. A K1 has EA (for 90 days), a K1 can work, but without a specified EAD an employer cannot hire.

In your second paragraph, one does need employment authorization to get a SS card. And a K1 does have EA, so the SSA will issue them a SS card. But the SSA is not an employer, the SSA is not bound by the required evidence of EA that an employer is bound by. The SSA can accept an I-94 marked 'K1' as sufficient evidence of EA for the purpose of issuing a SS card. An employer needs more. An employer needs to see an I-94 that is specifically marked 'employment authorized' in order to hire.

Yodrak

Thanks Yodrak - very helpful and clear info!

For me I am not so sure skemper is wwrong it says clearly

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

1 Since u dont request authorization from INS how they could bother you employer on the I9?
2 Maybe as it seem to be confusing even for INS sometimes but maybe POE can decide to give you a stamp that you would not need but again it is clear.....by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp
I mean who cqn the more can the less so they can give u a stamp if they think it might help...
3 sure you wont have an EAD bc it is a 1 year autho. and your visa is only 90 days
4 the I9 says the I94 needs a stamp which is probably the more general rule meaning everyboday ateempting to work needs to be allowed but again.... who are authorized to work in the U.S

Sure an employer can accept that easily. I mean pretty hard to prove anything else since this stamp crap thing appears on no official thing. again by essence some of those vvisa are meant to work like H1b or L1... if you dont get a stamp on those you are still work authorized... and dont have to wait for an EAD.

let me know if I miss something.