Can I work?

[RaTBoX 1]

Hello averyone I'm K1 and now waiting for my AOS but iIgot already my SSN..My question is can I work now using my SSN and bank account because Im still waiting for my EAD biometrics? Does it will cause a problem to the job that I am applying for? Does anyone have the same experience? Thank you so much...

I'm curious, because it was not mentioned in your post or the discussion. Does your SS card have the following printed on it? "Not valid for work without DHS authorization"

If it does have this printed, then you will have to wait for the EAD. If it does not have that printed, then I don't think you will have a problem applying for work. Employers are required to complete a Form I-9 (http://www.uscis.gov/files/form/I-9.pdf) for all employees they hire. There are several combinations of documents that you could provide (SS Card & State ID) that would pass muster.

I'm only exploring this because usually someone who posts these threads mentions that wording from their SS Card. If your's doesn't say that, then I think the debate will shift another way.

I can see why you'd think that, but it's not entirely true.

The OP's card could very well not have any restrictive legend such as "Not valid for work without DHS authorization" which would make you think that the OP is legal to work in line with the requirements of the I-9. However, that SSN card will no doubt be from a previous status that the OP had in the US at the time the card was issued. Their immigration status is now different, and being a K1 holder they are required by 8 CFR §274a.[12].[a] to have documentary proof of employment authorization from USCIS to accept employment.

If the employer participated in the e-Verify program, I'd bet that although she had presented an old card (which doesn't reflect her current immigration and work authorization status) with no restriction and a government issued piece of photo ID, the e-verify would still show she's not authorized (unless she'd applied or an [a][6] EAD card).

Just having a card with no legend is not the requirement, it's having a valid card with no legend. Her old card was from a new status. If she went to the SSA and asked for an updated card, it would come back with the legend on it.

[payxibka 10,044]

I'm curious, because it was not mentioned in your post or the discussion. Does your SS card have the following printed on it? "Not valid for work without DHS authorization"

It will unless a person was at one time before a legal permanent resident (LPR) as I believe LPR status is the only way to get this removed.

[olafgypsy 0]

Guys, the manual for employers about how to fill out the I-9 is very clear about what documents employers MUST accept as evidence of employment authorization. It even shows pictures of the different documents. I am quite aware that having a social security number and being authorized to work are two very different things.

[payxibka 10,044]

the "K-1 can work without EAD" theory is all conjecture until we get some people to actually gets a credible employer to give them a frickin job.... or until the USCIS provides additional guidance to clarify.

[DI&JR 1]

Just a comment, please look at the I-9 Employment Eligibility Verification form. This is completed by the employee and retained by the employer, who certifies that the documents presented are valid.

The top part, Section 1, is completed and signed by the employee. On the left, it states "I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.", and on the right, the employee "attest(s), under penalty of perjury, that I am (check one of the following): A citizen or national of the United States; A lawful permanent resident (space to provide Alien #); An alien authorized to work until (space for date that employment authorization ends)"

So, if an employee states they are a citizen or national, they need to provide adequate proof; if they are an LPR, then they need to show their card; if they are an alien authorized to work, they need to provide a document showing their work authorization, be it EAD (card or stamp in passport), LPR card, DS-2019, or I-20.

[olafgypsy 0]

the "K-1 can work without EAD" theory is all conjecture until we get some people to actually gets a credible employer to give them a frickin job.... or until the USCIS provides additional guidance to clarify.

Yup, that's probably true. But I would argue that if employers refuse to hire someone on the basis of the documents listed in the I-9 handbook (and btw, how crazy is it that a one-page form requires an 80 page handbook to fill out?) it is because they haven't read the handbook. If I were an average employer, looking at what the handbook says, I would feel compelled to take the K-1 with I-94 as evidence of employment authorization. That's all I'm sayin' . . . .

[bakofoil 27]

What if you are not technically employed; i.e. you obtain a contract position whereby you file your own taxes at the end of the year?

[payxibka 10,044]

What if you are not technically employed; i.e. you obtain a contract position whereby you file your own taxes at the end of the year?

work is work... in this situation you could potentially be viewed not only as the employee but also the employer..... since it id your business that employs you...

[I'm Gone 60]

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;

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Individuals with K-1 status that provide an unexpired I-94 are issued SSN cards with “VALID FOR WORK ONLY WITH DHS AUTHORIZATION" printed on the card. so you need a work authorization document.

If you read the SSA OIG report you would know that SSA changed it's policy for assigning SSNs to K-1s because INS couldn't get the EAD card out to people that applied under the A6 catagory, INS didn't change their policy of requiring an EAD card to work.

[DI&JR 1]

the "K-1 can work without EAD" theory is all conjecture until we get some people to actually gets a credible employer to give them a frickin job.... or until the USCIS provides additional guidance to clarify.

Oh, one more thing, on the "How Do I Get A Work Permit (Employment Authorization Document - EAD)?" page on USCIS' site, under "Who is Eligible?", you will find

" * The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States."

[shawndoc 0]

Rather than quoting handbooks or guides, let's quote the actual law:

INA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 274A. [8 U.S.C. 1324a]

http://www.usdoj.gov/eoir/OcahoMain/274a.pdf

(1) In general.-It is unlawful for a person or other entity-

(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien

knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such

employment, or

Seems pretty clear, so let's see what falls into subsection (h)(3):

(3) Definition of unauthorized alien.-As used in this section, the term "unauthorized alien"

means, with respect to the employment of an alien at a particular time, that the alien is not at

that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be

so employed by this Act or by the Attorney General.

Since the K1 visa is not a visa for "permanent residence", that makes K1 visa holders "unauthorized". Other than being a legal resident, the only other way to legally work is to be authorized by the act or by the Attorney General.

I can find nothing in the act that would grant K1 visa holders permission to work without EAD. So, unless someone can find something from the AG's office (Not the SSA) stating K1 visa holders are authorized to work without an EAD, than they can't work. (I would love for someone to find this)

[Kang Lang 7]

question, i know there is so much debate on k-1 and work authorization so what happens in the case of someone who enters on a proper k-1 visa and believes they are allowed to work and does while waiting for aos? i bet it happens given all the confusion? are they then not allowed to adjust status? we actually know someone who is in this boat so any advice we can pass onto them is appreciated.

Edited October 3, 2008 by Kang Lang

[RaTBoX 1]

Rather than quoting handbooks or guides, let's quote the actual law:

INA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 274A. [8 U.S.C. 1324a]

http://www.usdoj.gov/eoir/OcahoMain/274a.pdf

You're quoting law which outlines the repercussions of what happens when unlawful employment takes place. INA §274a is not what defines work authorization to aliens, you need to look at Title 8 CFR §274.a.12 for that.

Not that I am disagreeing with you, 8 CFR §274.a.12.a states that K1 holders are work authorized incident to their status (which lasts 90 fays from entry) but to accept employment they must obtain documentary proof of their employment authorization from USCIS (i.e get an EAD to be able to work).

I just wanted to point out the differences in the two items and how one defines and grants work authorization and one defines the penalties of unlawful employment (but is not a legal definition of lawful employment).

[Usui Takumi 1,562]

I just want to clarify that the K1 is work authorized. You'll find its just impossible for your employer to finish the I-9 without an EAD. As my attorney pointed out, for those 90 days there is nothing illegal about you seeking work or getting a job. You won't be penalized, the responsibility is on the employer.

[RaTBoX 1]

I just want to clarify that the K1 is work authorized. You'll find its just impossible for your employer to finish the I-9 without an EAD. As my attorney pointed out, for those 90 days there is nothing illegal about you seeking work or getting a job. You won't be penalized, the responsibility is on the employer.

Nothing apart from Title 8 CFR §274a.12.a.1 which states:

"Any alien who is within a class of aliens described in paragraphs...[a][6]... 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."

So if you apply for a job and don't make an application to USCIS for an EAD you're in violation of a federal code. That's going to potentially count against you in a very big way, should anything be said about it.