Work Permit??

[gatoula_tou 0]

Hello fellow VJers!

As I read on the VJ guide, it says that my fiance can ask the border patrol for a 90 day job permit, if they have them available. Does this cost money to receive? We're stressing a bit for him to get a job, as he has the two university degrees and job experience, while I work at a grocery store...

We already have my Mom helping with our affidavit for the I-134, but I can't expect to live with with parents continually, especially as a MARRIED couple. We want him to be able to work ASAP and that means even if the degrees are put aside for the time being.

Thank you for reading my worrisome banter, any help would be wonderful!

(ps, we're getting married VERY soon after his entry to the states... we're waiting for his army service to finish and the visa will already be prepared)

[Otto 83]

Only JFK (New York) airport will give the temporary stamp and it is pretty much useless. Do not count on getting it, nor using it if you do end up going through JFK.

Best advice - get married then file AOS and EAD right away - the EAD will take (usually) 60-90 days to get and is valid for 1 year.

[Danu 19]

Hello fellow VJers!

As I read on the VJ guide, it says that my fiance can ask the border patrol for a 90 day job permit, if they have them available. Does this cost money to receive? We're stressing a bit for him to get a job, as he has the two university degrees and job experience, while I work at a grocery store...

We already have my Mom helping with our affidavit for the I-134, but I can't expect to live with with parents continually, especially as a MARRIED couple. We want him to be able to work ASAP and that means even if the degrees are put aside for the time being.

Thank you for reading my worrisome banter, any help would be wonderful!

(ps, we're getting married VERY soon after his entry to the states... we're waiting for his army service to finish and the visa will already be prepared)

Unfortunately I have heard that with the changes to the wording for EAD, that you cannot get the work authorization stamp anymore. The fastest way is seeing as you are getting married really fast after his arrival is to put your AOS in ASAP afterwards, should take about 3 months to get the work authorization then.

[BermyCat 1]

Hello fellow VJers!

As I read on the VJ guide, it says that my fiance can ask the border patrol for a 90 day job permit, if they have them available. Does this cost money to receive? We're stressing a bit for him to get a job, as he has the two university degrees and job experience, while I work at a grocery store...

We already have my Mom helping with our affidavit for the I-134, but I can't expect to live with with parents continually, especially as a MARRIED couple. We want him to be able to work ASAP and that means even if the degrees are put aside for the time being.

Thank you for reading my worrisome banter, any help would be wonderful!

(ps, we're getting married VERY soon after his entry to the states... we're waiting for his army service to finish and the visa will already be prepared)

Unfortunately I have heard that with the changes to the wording for EAD, that you cannot get the work authorization stamp anymore. The fastest way is seeing as you are getting married really fast after his arrival is to put your AOS in ASAP afterwards, should take about 3 months to get the work authorization then.

You can prepare all of the AOS paperwork before he even enters the US. Then you can send it in the moment you have your marriage certificate to minimize his time out of work.

~ Catherine

[gatoula_tou 0]

Thank you for the quick replies. I found that was the better idea as well just to get married first then file AOS and EAD because then the charge for the work permit is added in, and not additional.

It's a good thing I love him so much, this is going to be fun to plan .

[Danu 19]

Thank you for the quick replies. I found that was the better idea as well just to get married first then file AOS and EAD because then the charge for the work permit is added in, and not additional.

It's a good thing I love him so much, this is going to be fun to plan .

i hear you there. Just make sure you get most of his AOS documents done now and then you just have to add in things like his I-94 dates and send it off when you are done!

[gatoula_tou 0]

Thank you for the quick replies. I found that was the better idea as well just to get married first then file AOS and EAD because then the charge for the work permit is added in, and not additional.

It's a good thing I love him so much, this is going to be fun to plan .

i hear you there. Just make sure you get most of his AOS documents done now and then you just have to add in things like his I-94 dates and send it off when you are done!

Good plan then. I don't know if we're filing the parole right away to cut some costs. Is the EAD cost added into the cost of the AOS then?

[Danu 19]

Thank you for the quick replies. I found that was the better idea as well just to get married first then file AOS and EAD because then the charge for the work permit is added in, and not additional.

It's a good thing I love him so much, this is going to be fun to plan .

i hear you there. Just make sure you get most of his AOS documents done now and then you just have to add in things like his I-94 dates and send it off when you are done!

Good plan then. I don't know if we're filing the parole right away to cut some costs. Is the EAD cost added into the cost of the AOS then?

If you file your EAD and AP with AOS, they are all included in the AOS fee's, so I would apply for all at once.

mmmm acronym soup

Edited June 22, 2009 by Danu

[Otto 83]

I don't know if we're filing the parole right away to cut some costs. Is the EAD cost added into the cost of the AOS then?

The fee for EAD is included in the AOS-fee if you file EAD at the same time (or after) filing your AOS (I-485).

[ZorValachan 0]

Just had a question about this "need an EAD" for K-1 fiance(e) to get work.

In the VJ guide section there is this with the note 'pay attention to section C" for form RM 00203.500 :

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

Quote:

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

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.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working.

For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1., RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Class of Admission

K-1 Fiancé(e) of U.S. citizen

Bold done by me. As you can see at the bottom of the form, 4/13/2009 is the date, so it is pretty current. Only k-1, not K-3 (spouse) is listed on this. no * asterisk or double ** asterisk was next to K-1.

I ask just because if an employer only needs

1) it to be legal

and

2) the person to have a SSN

Does the EAD have to be done for a fiance(e)?

[TayRivers 4]

Just had a question about this "need an EAD" for K-1 fiance(e) to get work.

In the VJ guide section there is this with the note 'pay attention to section C" for form RM 00203.500 :

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

Quote:

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

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.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working.

For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1., RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Class of Admission

K-1 Fiancé(e) of U.S. citizen

Bold done by me. As you can see at the bottom of the form, 4/13/2009 is the date, so it is pretty current. Only k-1, not K-3 (spouse) is listed on this. no * asterisk or double ** asterisk was next to K-1.

I ask just because if an employer only needs

1) it to be legal

and

2) the person to have a SSN

Does the EAD have to be done for a fiance(e)?

To be employed in the US you need to complete form I-9 when you start a new job. You will need the correct documents to be able to complete the I-9. A K1 visa holder dose not have the correct paperwork to be able to satisfy the requirments of the I-9.

Yes the SSA will give you a SSN if you apply at the right time, but without a EAD you can not work. You need to get married and file for AOS, AP and EAD once you have the EAD you can then work.

[ZorValachan 0]

Just had a question about this "need an EAD" for K-1 fiance(e) to get work.

In the VJ guide section there is this with the note 'pay attention to section C" for form RM 00203.500 :

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

Quote:

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

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.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working.

For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1., RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Class of Admission

K-1 Fiancé(e) of U.S. citizen

Bold done by me. As you can see at the bottom of the form, 4/13/2009 is the date, so it is pretty current. Only k-1, not K-3 (spouse) is listed on this. no * asterisk or double ** asterisk was next to K-1.

I ask just because if an employer only needs

1) it to be legal

and

2) the person to have a SSN

Does the EAD have to be done for a fiance(e)?

To be employed in the US you need to complete form I-9 when you start a new job. You will need the correct documents to be able to complete the I-9. A K1 visa holder dose not have the correct paperwork to be able to satisfy the requirments of the I-9.

Yes the SSA will give you a SSN if you apply at the right time, but without a EAD you can not work. You need to get married and file for AOS, AP and EAD once you have the EAD you can then work.

Then why does it state that you can be employed on this document made after the 'change' that supposedly made it impossible? It specifically states that an EAD is not needed. Which specific document for I-9 is needed? I'm not asking about SSN, I know that can be done. The above document states you can be employed without EAD, if the employer allows it.

I'm not arguing, I just want the cold hard facts with references.

I also am aware of what happens after AOS. I'm looking specifically for the 'inbetween time'

[Otto 83]

I'm not arguing, I just want the cold hard facts with references.

I also am aware of what happens after AOS. I'm looking specifically for the 'inbetween time'

Discussed at length in the following thread...

http://www.visajourney.com/forums/index.php?showtopic=180237

[payxibka 10,045]

Then why does it state that you can be employed on this document made after the 'change' that supposedly made it impossible? It specifically states that an EAD is not needed. Which specific document for I-9 is needed? I'm not asking about SSN, I know that can be done. The above document states you can be employed without EAD, if the employer allows it.

I'm not arguing, I just want the cold hard facts with references.

I also am aware of what happens after AOS. I'm looking specifically for the 'inbetween time'

The cold hard fact is that you need to read the I-9. The I-9 has a listing of documents that will be accepted... a K-1 visa holder does not possess any on the list. The rub is try and convince an employer to hire you if you cannot provide what is needed for the I-9...

[Usui Takumi 1,562]

Just thought I'd pipe in because I spent alot of time researching this (even though in the end this situation never applied to us as my wife held on to her UK employment).

So once upon a time DHS decided that the K1 visa needed to work authorized so that visa holders could get ssn after entry. However, they never intended the visa holders to actually be able to work. All of there guides etc. were very gray until the new ones were release (see the sticky by rebeccajo). It also didn't help that the social security had conflicting rules with DHS. But now they have made the I 9 rules very clear requiring the EAD.

There are other ways you can work but without the I9 it precludes you from being an employee. One idea is try to apply for an EIN. Form SS4 doesn't ask about EADs, though the IRS may cross reference DHS (I doubt it) and deny it, but its worth a try if you are desperate.