Employment authorisation

[bonjur_mimi 0]

Hello VJ Friends,

I'm confused filling out these forms and hope for your help again ..

On I-765 they ask : Have you ever before applied for employemnt authorisation from USCIS?

I don't know what to answer because last year i've worked in USA with Work and Travel program and i had J-1 visa. Exchange visitors visa.

And on my passport where I-94 stamp is the officer stamped in red letters Employment Authorised. that means i applied foremployment authorisation before? or my american emplyer applied for me last year?

thanks a lot :)

[Gary and Alla 3,696]

Hello VJ Friends,

I'm confused filling out these forms and hope for your help again ..

On I-765 they ask : Have you ever before applied for employemnt authorisation from USCIS?

I don't know what to answer because last year i've worked in USA with Work and Travel program and i had J-1 visa. Exchange visitors visa.

And on my passport where I-94 stamp is the officer stamped in red letters Employment Authorised. that means i applied foremployment authorisation before? or my american emplyer applied for me last year?

thanks a lot :)

You should answer YES. Your American employer applied on your behalf.

[Thai family 0]

We had the same issue, so after making phone calls to the USCIS and the Dept of State we answered the question "no", as it's a Department of State authorized program and all of the paperwork goes through them. It has nothing to do with the USCIS, as the person is not immigrating. To help clarify, one is not immigrating if they get a visitor's visa, and one is not immigrating on a J-1 visa either.

We did put in the cover letter "Please note that I do have a social security number, as I was in the US in 2006 with the Department of State's summer work/travel program". We wanted to be 100% transparent to the USCIS and for there not to be any misunderstanding or hint of misrepresentation.

If you answer yes, they will most likely be looking for your previous record in their USCIS files, and they don't exist.

-Thai Mom

[Gary and Alla 3,696]

We had the same issue, so after making phone calls to the USCIS and the Dept of State we answered the question "no", as it's a Department of State authorized program and all of the paperwork goes through them. It has nothing to do with the USCIS, as the person is not immigrating. To help clarify, one is not immigrating if they get a visitor's visa, and one is not immigrating on a J-1 visa either.

We did put in the cover letter "Please note that I do have a social security number, as I was in the US in 2006 with the Department of State's summer work/travel program". We wanted to be 100% transparent to the USCIS and for there not to be any misunderstanding or hint of misrepresentation.

If you answer yes, they will most likely be looking for your previous record in their USCIS files, and they don't exist.

-Thai Mom

The Department of State does not issue work authorizations, that is done by the USCIS. It may be that the Dept of State applies on your behalf, or the employer. I cannot tell you the exact path the paperwork takes, but if you had employment authorization you had to apply for it, or the program you participated in did. Work authorization has nothing to do with whether one is an immigrant or non-immigrant. Your cover letter explanation will probably explain things for you, but the correct answer is "YES"

[Thai family 0]

22 CFR part 62 - regulations for the exchange visitor programs.

http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.7.37.2.1.13

[bonjur_mimi 0]

22 CFR part 62 - regulations for the exchange visitor programs.

http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.7.37.2.1.13

Thank you very much that means i've never been employment authorised by USCIS?

[Thai family 0]

22 CFR part 62 - regulations for the exchange visitor programs.

http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.7.37.2.1.13

Thank you very much that means i've never been employment authorised by USCIS?

You were registered in SEVIS (Student Exchange Visitor Information System) by your sponsor as a J-1, which you can find more about here. J-1s are a special case http://exchanges.state.gov/jexchanges/sevis.html

The USCIS didn't hesitate a bit when they told me the answer was "no". They granted her subsequent EAD without any problem and we haven't gotten any RFEs regarding her adjustment application, just an interview date. She is here now on a K-3, but that doesn't make any difference.

-Thai Mom

Edited August 19, 2009 by Thai family