Working Social Security and POE

[nik1980 0]

Hi there everyone I need clarification on the below confusion.

I recently entered the USA via LAX on April 12th on K1 and at point of entry I asked the officer for the infamous EAD stamp in order for me to work when I arrive. The officer directly confirmed to me that I can work on this visa and the document he provided confirms this. However he did not stamp my passport with any such EAD. This left me confused Then after forgetting about this for a while after 10 days I applied for my social security number on Thursday 24th I again asked the officer who had been working there for 30 YEARS if I can work once I received my social security number. He checked the computer and confirmed to me that it shows that I am work authorized and I should receive my card by saturday. I then asked him if he was sure that I didnt require an EAD from the government and he confirmed NO I can go and find myself a job immediately!!!

I asked him if he will provide me confirmation in writing that I am authorized to work and he said once I receive the card come into the office and he will provide me with confirmation. Today (saturday arrived) and I received a phone call from the social security office confirming that my number and card have arrived and its work authorized and to come and collect it on monday. (that was faster than expected!!!)

So where do I stand with this I have read everywhere on this forum and done searches which say that i am not allowed to work without EAD or after Ive filed for AOS but everything else has confirmed otherwise and this has come from government officers!!! What's the deal can I go find myself a temp job or will I be jeopardising my visa as thats the last thing I want to do!!!!

Someone please help put my mind at rest!!!!!

Edited April 26, 2008 by nik1980

[RaTBoX 1]

Hi there everyone I need clarification on the below confusion.

I recently entered the USA via LAX on April 12th on K1 and at point of entry I asked the officer for the infamous EAD stamp in order for me to work when I arrive. The officer directly confirmed to me that I can work on this visa and the document he provided confirms this. However he did not stamp my passport with any such EAD.

What document did he provide? I'd be inclided to follow the idea that no stamp = no authorization.

Then after forgetting about this for a while after 10 days I applied for my social security number on Thursday 24th I again asked the officer who had been working there for 30 YEARS if I can work once I received my social security number. He checked the computer and confirmed to me that it shows that I am work authorized and I should receive my card by saturday. I then asked him if he was sure that I didnt require an EAD from the government and he confirmed NO I can go and find myself a job immediately!!!

He was wrong, but it's not up to the Social Security Administration to say if you're allowed to work, they have no say in the matter. They can give you a social security card that states you either do or do not need DHS authorization, but the SSA themselves can't give you authorization to work. You do need an EAD.

I asked him if he will provide me confirmation in writing that I am authorized to work and he said once I receive the card come into the office and he will provide me with confirmation. Today (saturday arrived) and I received a phone call from the social security office confirming that my number and card have arrived and its work authorized and to come and collect it on monday. (that was faster than expected!!!)

The SSA has no legal authority to provide any work authorization. They may have a social security card with no limitations on them (I'd be very supprised if that was the case since you came in on a K1 visa) which would mean you could use that and a drivers license to fill in an I-9 (but if the employer did a check on your work authorization status, they would find that you need USCIS or DHS documentation to work - ie an EAD).

So where do I stand with this I have read everywhere on this forum and done searches which say that i am not allowed to work without EAD or after Ive filed for AOS but everything else has confirmed otherwise and this has come from government officers!!! What's the deal can I go find myself a temp job or will I be jeopardising my visa as thats the last thing I want to do!!!!

If you don't have an EAD you are not legal to work given than you don't have a green card or US Citizenship. Being told something by a government employee doesn't mean what they tell you is right, or has any validity. The SSA has no authority over who is legal to work or not, so don't let what the gentleman in the SSA office confuse you.

[Kathryn41 3,205]

K-1s are indeed work authorized. That is primarily so they can obtain a SSN as some states require a SSN in order to issue a marriage license and the purpose of the K-1 is to get married. While you are work authorized for the duration of the I-94 (90 days), the problem is being able to prove it to a potential employer. The employer is obligated to fill out an I-9 form that lists immigration documents that prove the immigration validity for a potential employee. The K-1 visa is not listed as one of the approved documents, so even though you are allowed to work, an employer is technically not allowed to employ you unless you also have the EAD stamp along with the I-94. if you can find an employer who is willing to let you work until your I-94 expires, go for it - you would be breaking no law as the employer would have to bear any consequences, not you.

The other problem is that once the I-94 expires you are no longer allowed to work and the employment status generated by the I-94 granted for a K-1 visa cannot be extended or renewed. You will need the EAD that is based on filing the AOS (Adjustment of Status) application in order to work again and that generally takes about 90 days to receive after filing the AOS.

Hope this clarifies it for you a bit.

Edited April 27, 2008 by Kathryn41

[nik1980 0]

Thanks for the replies guys this indeed clarifies his situation for me. Appreciate the help!!!

[Eti 0]

K-1s are indeed work authorized. That is primarily so they can obtain a SSN as some states require a SSN in order to issue a marriage license and the purpose of the K-1 is to get married. While you are work authorized for the duration of the I-94 (90 days), the problem is being able to prove it to a potential employer. The employer is obligated to fill out an I-9 form that lists immigration documents that prove the immigration validity for a potential employee. The K-1 visa is not listed as one of the approved documents, so even though you are allowed to work, an employer is technically not allowed to employ you unless you also have the EAD stamp along with the I-94. if you can find an employer who is willing to let you work until your I-94 expires, go for it - you would be breaking no law as the employer would have to bear any consequences, not you.

The other problem is that once the I-94 expires you are no longer allowed to work and the employment status generated by the I-94 granted for a K-1 visa cannot be extended or renewed. You will need the EAD that is based on filing the AOS (Adjustment of Status) application in order to work again and that generally takes about 90 days to receive after filing the AOS.

Hope this clarifies it for you a bit.

Are you sure of what you are saying? What would be the consequences for the employer?

TX

[DI&JR 1]

Are you sure of what you are saying? What would be the consequences for the employer?

TX

From the Handbook for Employers, M-274 (pg.17):

Penalties for Prohibited Practices

A. UNLAWFUL EMPLOYMENT

1. Civil Penalties

The Department of Homeland Security (DHS) may impose

penalties if an investigation reveals that an employer has

knowingly hired or knowingly continued to employ an

unauthorized alien, or has failed to comply with the

employment eligibility verification requirements, with respect

to employees hired after November 6, 1986...

a. Hiring or continuing to employ unauthorized aliens:

DHS may order employers it determines to have knowingly

hired unauthorized aliens (or to be continuing to employ aliens

knowing that they are or have become unauthorized to work in

the United States) to cease and desist from such activity, and

pay a civil money penalty as follows:

1. First Offense: Not less than $275 and not more than

$2,200 for each unauthorized alien;

2. Second offense: Not less than $2,200 and not more

than $5,500 for each unauthorized alien; or

3. Subsequent Offenses: Not less than $3,300 and not

more than $11,000 for each unauthorized alien.