EAD at JFK???

[JLN7124 0]

I have heard that JFK is the only airport that sometimes issues EAD at POE. As my finace and I are considering flying in through JFK I was wondering how common this was. Should we have any additional paperwork with us in order to apply for EAD at POE? And can you use the EAD to work without a SSN? I'm afraid that if JFK rarely issues EAD's at POE than it's a waste of time to fly through that airport when we could use an airport closer to our home in the US... Thanks in advance! Jessica

[ctjwa 0]

My fiance did not get an EAD stap at JFK when she flew in on April 1st of this year. She didn't expressly ask for it, but none was ever mentioned and it wasn't automatic.

I would say that if money isn't a huge deal, or you don't absolutely need to work for the first 2-3 months that you are here, don't bother. Fly in wherever it's cheapest and easiest, then apply for EAD after you're married.

[shadow1188 0]

I got mine there. I didn't even ask, they just called me in a liitle room and put a stamp in my passport. It was so funny though- there was a big black guy and when he was giving my passport back to me he told me in pretty angry voice "and remember- you have only 90 days to get married!!" It was kind of creapy:))

[tomica52 0]

I wouldn't bother since it will expire before you can get a 1 year EAD card, so that means that you will have to stop working... but yes they do issue them at JFK (and hope that you won't haveto wait in line for 2 hours to clear customs like I did...)

[arwensun1965 0]

They are really not worth the time or effort, just apply for your EAD and AOS as soon as you possibly can.

Good Luck

Janice

[zixuandavid 0]

The stamp should placed on the backside of the I-94... with words, "authorized to work"...

[Yodrak 7]

Jessica,

An alien needs both an emplyment authorization document and a SSN (or at least to have applied for an SSN) in order to be employed. If it's important that your fiance have the EA stamp then he should ask for it as the CBP officer is processing his entry.

Yodrak

... And can you use the EAD to work without a SSN? I'm afraid that if JFK rarely issues EAD's at POE ... Jessica

[anya-D 8]

I got mine at JFK but i also asked for one while the officer were looking at my "brown envelope" and for me.. it worth it (coz i got to work like 3 months and have a time of while waiting and my boss was waiting for me to return )

[Neonred 3,454]

Read the thread in this section "valid for work...."

The K1 visa itself (incident to status) is authorized to work.

Acceptance as proof of the employment authorization includes the I-94, whether it is stamped or not.

The SSN memo says, "The I-94 is proof a K1 alien is authorized to work".

Maybe this will help you.

[Yodrak 7]

Neonred,

For SSA purposes yes.

For an employer's purposes no. An employer needs to see an EAD, an I-94 marked K1 is not sufficient.

Yodrak

Read the thread in this section "valid for work...."

The K1 visa itself (incident to status) is authorized to work.

Acceptance as proof of the employment authorization includes the I-94, whether it is stamped or not.

The SSN memo says, "The I-94 is proof a K1 alien is authorized to work".

Maybe this will help you.

[zixuandavid 0]

Neonred,

For SSA purposes yes.

For an employer's purposes no. An employer needs to see an EAD, an I-94 marked K1 is not sufficient.

Yodrak

Read the thread in this section "valid for work...."

The K1 visa itself (incident to status) is authorized to work.

Acceptance as proof of the employment authorization includes the I-94, whether it is stamped or not.

The SSN memo says, "The I-94 is proof a K1 alien is authorized to work".

Maybe this will help you.

I think that I may be the poster in the other thread mentioned.. so I should clarify...

My opinion is that the K1 is authorized without any wording (stamp) for the following reasons.. but I'm more than willing to be wrong...

1) SSN POM states this:

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

Policy - Evidence of Employment Authorization

Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688B).

[ Ergo: YOU MUST HAVE EITHER I-94 showing no need for DHS authorization OR YOU MUST HAVE an EAD.]

the alien's class of admission code as shown on the I-94 (the non-immigrant classifications shown on the I-94 with employment authorization inherent in status are listed in RM 00203.500C.1.);

RM 00203.500C.1.

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抯 I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

[ This list includes K1 ]

2) Employers use the I-9 to determine work eligibility and it states: "Unexpired foreign passport,with I-551 stamp or attachedForm I-94 indicating unexpiredemployment authorization" ... Although I would argue that this is not consistent (nor updated) with the SS POM.. and the diminished use of EA stamps at POE is more an indication that it is simply not needed as the SS POM shows.

3) Asylee memo on work authorization seeks to clariy those falling under the "incident to status" class (which includes refugees and they are explicitly mentioned as logical to this ruling since they are in the same class --- and so are K1s in this class--although they are not explicitly mentioned).

Judicial review decided some have "based its conclusion on faulty premise--that the regulations require eligible aliens to apply for employment authorization. An eligible alien is not required to apply for employment authorization, but receives it automatically.".

Their summary:

"By policy directive, asylees are provided witha form I-94 containing an endorsement of their work-authorized asylee status, which therefore, constitutes an endorsement of their work authorized status".

It was interesting to me that they decided to start proving the I-94 as part of proof of employment authorization, making it consistent to some other visa types in the same class that already have this.

Much of the good info is in the small printed footnotes..

http://www.uscis.gov/graphics/lawsregs/han...ylees031003.pdf

http://www.uscis.gov/graphics/lawsregs/han...umOGC061702.pdf

-----

I would say the biggest problem is convincing an employer of all this... and even if one could, they would be hiring someone with only 90 days authorization, and this is maybe not promising enough to an employer.

The EAD is still the full-proof means to all concerned players, and serves as an ID (which is an argument used in the memo for why asylees might want to file for EAD--even though they point out that EAD is not needed for employment)

[sharky 2]

JLN7124,

I would go for it if you want to earn nearly 3 months of $$$$!

I'm not disputing what Yodrak says about employers needing to see the EAD etc., but I went through JFK (it took 15-20 mins max, and had the same experience with an immigration officer as shadow1188!)....but now I'm working in a restaurant and earning $$$ and my employer was fine about not seeing an official EAD etc..

so in the end it's up to you, personally I'm glad I spent the extra 50 pounds or so to stop at JFK, collect my stamp (you don't have to ask, they do this to everyone who goes through JFK in the same position), and then fly on to San Francisco