K1 Work Authorized Without DHS Approval

[Phuong 0]

Hi,

Could someone please help me clarify this? I am about to apply for a Social Security card at my local SS office. According to the RM00203.500 Section C policy, a K1 is authorized to work without specific DHS authorization and therefore can apply for a SS card. My wife is a K1 so we are good to apply for the SS card. Now, for the Adjustment of Status filing, an optional form is the I-765 Application for Employment Authorization. Does my wife need to file this form? My guess is no. Since the policy said that a K1 is authorized to work without specific authorization. As long as my wife apply for a SS card, and receives it, she can them apply for employment immediately after that, correct? Please help me clarify this.

Thank you very much,

Phuong

[RaTBoX 1]

Hi,

Could someone please help me clarify this? I am about to apply for a Social Security card at my local SS office. According to the RM00203.500 Section C policy, a K1 is authorized to work without specific DHS authorization and therefore can apply for a SS card. My wife is a K1 so we are good to apply for the SS card. Now, for the Adjustment of Status filing, an optional form is the I-765 Application for Employment Authorization. Does my wife need to file this form? My guess is no. Since the policy said that a K1 is authorized to work without specific authorization. As long as my wife apply for a SS card, and receives it, she can them apply for employment immediately after that, correct? Please help me clarify this.

Thank you very much,

Phuong

The SSA policy quoted is a policy that makes it possible for the SSA to issue K1 visa holders with a restricted SSN. The policy dictates that they are work authorized, but the policy itself, nor the restricted SSN that results from it allow the K1 holder to work. The SSA has no authority over an individuals work status within the US.

To prove that a K1 holder is valid to work in terms of meeting the documentary requirements of the I-9 form, which you will have to fill in when hired for a job, the holder must have an EAD stamped I-94 in their passport. This I-94 stamp (which by all accounts is only given out from those entering JFK and have processing done there) is only valid for 90 days from the date of entry into the US. If you don't enter through JFK and don't get the stamp, you have no way of proving your work status. The restricted SSN card will have printed on it "Only valid for work with DHS authorization". That DHS authorization is the EAD card.

You will need to file I-765 if you plan to work before your AoS is processed and a green card is produced and received. Without it, you will be without work authorization after the 90 day period.

Regardless of what the SSA policy says, you cannot fill out an I-9 and thus get a job until you have proper DHS authorization in some form.

[Phuong 0]

Oh I see...So even though my wife can apply for a SS card, that doesn't mean she can work immediately after receiving the card? She still has to file the I-765 form to be eligible to work during the AOS processing period?

[wifetobe 2]

Oh I see...So even though my wife can apply for a SS card, that doesn't mean she can work immediately after receiving the card? She still has to file the I-765 form to be eligible to work during the AOS processing period?

I agree with ratbox.

[second stage 14]

Oh I see...So even though my wife can apply for a SS card, that doesn't mean she can work immediately after receiving the card? She still has to file the I-765 form to be eligible to work during the AOS processing period?

With K1, she can work only for 90 days....

After 90 days if she wants to work then you need to apply for I-765...

[RaTBoX 1]

Oh I see...So even though my wife can apply for a SS card, that doesn't mean she can work immediately after receiving the card? She still has to file the I-765 form to be eligible to work during the AOS processing period?

Many people can apply for an SS card, and they are not work authorized. The SSA has that policy you mentioned to specifically allow K1 holders to be able to get an SSN because sometimes it's required to get married.

The card you will get based on your K1 status will be a restricted card and thus cant be used to prove work authorization.

If she gets the temporary stamp from JFK, she can work for 90 days. When you apply for AoS, you can send off I-765 if you want to, it's optional. If you file I-765, and you arer approved, you will be given a 1 year Employment Authorization Document. This document is used to prove your work authorization status until you receive your green card from the AoS application.

I-765 takes around 90 days to process, so the sooner you file for it, the better (you have to file for it with AoS, or after AoS by submitting the NOA1 from the I-485). Keep in mind there may be a gap in the periods of work authorization between the 90-day stamp expiration (if you even get the stamp) and the receiving of the EAD.

[bcrose24 0]

Hi all,

To add to this. Today at my infopass I asked about this and the agent told me I am work authorized with that stamp in my passport that says I am. That is valid for 90 days, and as long as you apply for your EAD within that time and receive it in the following 90 days you are fine. If you do not receive your EAD within the 90 days then make an infopass appt and have an interim one issued.

Whether you agree or disagree with this is up to you but just wanted to pass on the information I got directly from USCIS today.

[Dave&Roza 748]

Hi all,

To add to this. Today at my infopass I asked about this and the agent told me I am work authorized with that stamp in my passport that says I am. That is valid for 90 days, and as long as you apply for your EAD within that time and receive it in the following 90 days you are fine. If you do not receive your EAD within the 90 days then make an infopass appt and have an interim one issued.

Whether you agree or disagree with this is up to you but just wanted to pass on the information I got directly from USCIS today.

Well the USCIS is notorious for giving false information. I will stick to the fact that the CFR states that the K-1 visa holder is work authorized if they apply and pay a fee for such authorization; i.e. the I-131 while still not married. The stamp is issued by the CBP which is not the USCIS. The SSA can issue you a SSC based on the fact that they say you are work authorized, but they are not the USCIS. This has been hashed and re-hashed, and re-hashed again as it is the most confusing part about the K-1 visa. A K-1 visa is authorized to work so that the SSA will issue them a SSN. The SSC will have the "valid for work with DHS authorization" which is the EAD or GC. As was pointed out by someone in another post, the employer will need to fill out the I-9 form. Take a look at the documents required in List A, or those that are in List B and List C. If you can satisfy those requirements and make the employer happy when applying for a job here. One of the documents listed is the I-551 stamp, however; it must be on an immigrant visa and the K-1 visa is a NON-IMMIGRANT visa.

Dave

[bcrose24 0]

I'm not sure if everyone realizes this though - on the I-9 you are not REQUIRED to use your EAD as support. You can choose to use either your passport (or another List A) item or a List B (ie Driver licence, Canadian accepted as well), plust List C (such as the SSN). A USA employer CANNOT legally tell you what items you have to use to support your I-9 so if you choose to use your passport (Canadian accepted with stamp inside as per instructions on teh I-9) or another combo of list b + c, that's fine.

I agree USCIS can't seem to make up their mind and are constantly contradicting themselves which makes this all teh more confusing.

[Anh map 2,098]

A non-immigrant alien authorized to work for a specific employer is not a K1 immigrant. So the I-9 column 1, Item 5 does not apply to a K1.