K1's can work as soon as they get their SSN Number - no temp or perm EAD required?

[TinTin and Samby 11]

Hi. Hopefully that topic title will catch a lot of people's attention to this thread.

I have been reading over and over about the so-called "Catch 22" that folks say exist between the USCIS and the SSA which prevents newly arrived K1 Visa holders from working right away before they have a temporary or permanant EAD stamp/card.

Others have explained the "catch-22" is like this:

While the K1 Visa class is inherently work authorized, the employer is not authorized to hire such an employee because they have to collect specific documents from the I-9 list in order to offer employment.

So, I was curious about this and started doing some research. What I found seems to negate this supposition.

Here is what I found:

SSA: According to the current SSA POMS (Social Securty Administration - Program Operations Manual System), section "RM 00203.500 - Employment Authorization for Nonimmigrants - dated 03/26/2008", section C. Policy - Employment Authorization by Class of Admission: (https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500!opendocument)

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 Fiance(e) of U.S. Citizen

DHS - USCIS: According to the current M-274 (Rev. 11/01/2007) N/ (DHS - USCIS Handbook for Employers-Instructions for Completing the Form I-9), Part Eight – Acceptable Documents for Verifying

Employment Eligibility (page 31): (http://www.uscis.gov/files/nativedocuments/m-274.pdf)

List A: Documents That Establish Both Identity and Employment

Eligibility

e. 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

The accompanying photo sample shown in the I-9 Employers Handbook is:

I-94/I-94A Arrival/Departure Record

Arrival-departure record issued by DHS to nonimmigrant aliens and other alien categories. This document indicates the bearer’s immigration status, the date that the status was granted, and when the status expires.

Note neither the words nor the sample photo indicate the presence of a temp

EAD

Stamp or other such additional DHS/USCIS endorsement. They are referring to a standard I-94 issued to a arriving K1 Visa holder.

The 3 possibilities I can think of for the perpetuation of this "Catch 22" stance are :

1. It's an Urban Legend.

2. It used to be that way, but now the USCIS and/or SSA documentation has been updated to show both offering and acepting employment is lawful. - but people are still quoting old, out of date information.

3. Samby is nuts and doesn't have a clue what he is talking about. There are other considerations to be taken into account.

Comments? Thanks.

Warm Regards,

Samby

[Neonred 3,454]

It all comes down to IF you can convince the employer that you are legal to work.....

[LaL 418]

e. 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

check out bolded above. An entrant on a K1 is not coming here due to being authorized to work for an employer, "the" employer is being argued as one of the sticking points.

Read this topic:

http://www.visajourney.com/forums/index.php?showtopic=109664

Edited March 30, 2008 by LaL

[YuAndDan 153]

It all comes down to IF you can convince the employer that you are legal to work.....

Correct.

K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

If you want guaranteed work authorization upon entry, then marry first and apply for a Spousal Immigrant Visa (CR-1), Immigrant visas get green-card upon entry to the USA (The I-551 stamp) this gives immediate work authorization.

[I'm Gone 60]

Here is what matters.

Sec. 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.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee 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 March 30, 2008 by I Quit

[TinTin and Samby 11]

e. 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

check out bolded above. An entrant on a K1 is not coming here due to being authorized to work for an employer, "the" employer is being argued as one of the sticking points.

Read this topic:

http://www.visajourney.com/forums/index.php?showtopic=109664

Thank you, lal, for the referral to that other topic! It is a very healthy and informative thread! As an avid Forum Search user, I am embarrassed I did not find it before I posted this Topic.

Thanks again!

Warm Regards,

Samby

[I'm Gone 60]

This question has come up I don't know how much times since I have been a member here and I always starts with some new member that has read everything and thinks they have figued it out or found a loophole.

1. No matter what SSA POMS procedure says, it's only for SSA employees to follow for assigning an SSN and has no baring on your authorization to work.

2. Sec. 274a.12 Classes of aliens authorized to accept employment is the law.

3. Apply for an EAD card and buy a good book.

Edited March 31, 2008 by I Quit

[TinTin and Samby 11]

This question has come up I don't know how much times since I have been a member here and I always starts with some new member that has read everything and thinks they have figued it out or found a loophole.

1. No matter what SSA POMS procedure says, it's only for SSA employees to follow for assigning an SSN and has no baring on your authorization to work.

2. Sec. 274a.12 Classes of aliens authorized to accept employment is the law.

3. Apply for an EAD card and buy a good book.

Hmmm...don't read much, huh oldtimer?? Try actualy reading the posts in the topic before you sling out some nonsence like that.

BTW, maybe you're not familiar with the old adage for FORUM Users:

"Longevity and Post Count are not an indication of knowledge."

Warm Regards,

Samby

[I'm Gone 60]

BTW, maybe you're not familiar with the old adage for FORUM Users:

"Longevity and Post Count are not an indication of knowledge."

Post count, I'll agree with you. I have no idea what my post count is and I'm pretty sure none of mine are "me too" or "way to go" posts. Longevity here means something, since it's "been there done that" in my case. Wife and child came with K-1 and K-2 and both are now U.S. citizens, so I should at least get knowledge points for having completed the paperwork correctly.

[sunandmoon 450]

1. It's an Urban Legend.

2. It used to be that way, but now the USCIS and/or SSA documentation has been updated to show both offering and acepting employment is lawful. - but people are still quoting old, out of date information.3. Samby is nuts and doesn't have a clue what he is talking about. There are other considerations to be taken into account.

Comments? Thanks.

Warm Regards,

Samby

on Dept of State website doesn't look like anything has changed.

http://travel.state.gov/visa/immigrants/ty..._2994.html#Work

[I'm Gone 60]

1. It's an Urban Legend.

2. It used to be that way, but now the USCIS and/or SSA documentation has been updated to show both offering and acepting employment is lawful. - but people are still quoting old, out of date information.3. Samby is nuts and doesn't have a clue what he is talking about. There are other considerations to be taken into account.

Comments? Thanks.

Warm Regards,

Samby

on Dept of State website doesn't look like anything has changed.

http://travel.state.gov/visa/immigrants/ty..._2994.html#Work

I know one thing has change

How to Apply for a Social Security Number Card

After your fiancé(e) has been admitted into the United States, he/she can apply for a social security number card by visiting one of the Social Security offices in your local area. To learn about how-to-apply, visit the website for the Social Security Administration.

If you can find an archive version of that Website it had K-1s applying for SSNs through the Enumeration at Entry process, which is only for people 18 or older issued an immigrant visa. The same person who pointed out to them that there Website was incorrect, was responsible for getting the K-1 FAQ on the SSA Website.