http://a257.g.akamaitech.net/7/257/2422/01...pdf/07-5790.pdf

It appears that an unexpired I-94 with a K1 visa will now be able to seek employment without the employment authorization stamp. The newly published I-9 instructions have the following acceptable documentation under List A:

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.

Yep, noticed that a week or so ago.

I suspect they knew that that it was taking too long to get EAD card based on K-1, and that most POE do not do EAD stamp.

so what excactly does that mean?
can i apply for jobs and get employed as long as my I-94 is valid even though i dont have my ead yet? i entered through jfk, so i have a temp work permit! can i go on working if my I-94 runs out?

Work authorization did not change. If your I-94 runs out and you don't have an EAD yet, you are no longer work authorized. The change just means you don't need the temp work stamp from JFK to satisfy the I-9 documentation requirements.

I agree it just meens you no longer need an actual EAD or stamp to be able to satisfy the requirements of the I-9... it should make it much easier for K1's who need to work when they first get here.... but yes their EA will end on the day the I-94 expires so no change there....

Kez

Does it?

I'm seriously wondering (by the wording) if the bearer of the I-94 has to be specifically authorized to work for THAT employer.............

The wording makes it appear that way...so I am wondering too ... Hrrrrm

Yes its very confusing..... if you read the handbook it says that the term The Employer refers to any employer so still not very clear....

Kez

Yes, those last three little words will fuel a series of additional debates on this topic....

Irrespective, getting an employer to accept this little change will be next to impossible. It will not make that much of a difference either way to those looking for work.

Since when is a K-1 recipient following an 'employment-based' immigration path?

The key, as I read it, is the further language and reference to 'employer-specific work authorisation'. This appears to me to be an addendum for employment-based non-immigrants.

Which would make sense in light of the recent attempts to punish employers for hiring undocumented workers and the backlog for EADs; it usually takes a couple weeks or months for someone with a work visa to get their social security number and official EAD card, so this seems to be just saying that it's okay to hire them as long as the visa is valid.

I wonder why they stopped giving out traditional 90 day work permits at the border?

According to my chats with the border patrol people, they aren't under the same umbrella as USCIS any more. USCIS is what can grant an I-765, not them, so whether the POE can do it depends on whether they also basically have a service center there.

Okay someone apply for a job and bring these papers in and tell us how it goes.

Then we'll know for sure. I totally would...but I'm afraid of rejection.

My wife is currently in this process. Her employer is now asking for more documentation. Even though she already got her foot in the door, she may have to take a leave until her EAD comes in. Has anyone done anything with USCIS to accelerate or ask them to provide documentation so that the employer is satisified?

Thanks