Work authorization in passport not valid for work?

[Spoom 8]

Show me a document that specifically states that EAD stamps issued by DHS are not valid for employment, and you will get your wish.

I would also like to see this, in text to substantially the same effect. If there is no text that specifically addresses the EAD passport stamp and/or "work authorized until" section of the I-94 stamp / insert, I will continue to believe the text of the stamp itself.

And frankly, rsn, you have posted in this thread more than anyone else here. If anyone appears to have an agenda, it's you.

[rsn 135]

Show me a document that specifically states that EAD stamps issued by DHS are not valid for employment, and you will get your wish.

I would also like to see this, in text to substantially the same effect. If there is no text that specifically addresses the EAD passport stamp and/or "work authorized until" section of the I-94 stamp / insert, I will continue to believe the text of the stamp itself.

And frankly, rsn, you have posted in this thread more than anyone else here. If anyone appears to have an agenda, it's you.

I guess there is little I can do for those without the ability to differentiate between fact and conjecture. Believe whatever you want. The facts are staring you straight in the face and you choose to ignore them. Good luck. I will no longer post on this thread since my point has been made many times over. Hopefully someone else will continue to snuff out all of the misinformation in this thread.

[rebeccajo 14]

I am not an expert on this, by any means, but I am the HR Director where I work. We have several hundred J1 visa students that work with us every year... This year, one of our past employees came back on a K1. He came through JFK and he also received the EAD stamp on his I-94 card.

I had never heard of this, so contacted someone I knew at the Department of State. She told me that this used to be very common and that K1 visa holders could get the stamp at POE, but that it is being fazed out. Only done at a few locations right now.

He came in July and was given the stamp at JFK.. it allowed him to work until his K1 expired. It IS a valid EAD

Thank you.

i am one of those employers who uses e-verify, i live near the border so i know first hand not only jfk issues this they actuallly do them at the border as well not very common tho. i have ran into a couple of this and the e-verify system does not come up un-athorized it simply states to send for further investigation at that point i could send them to ss or dhs since most of this immigrants with this stamps do not have ss yet i send them to local uscis office and than after a couple of days it comes up authorized in my system. as an employer we cannot choose what documents to accept.

Thank you.

Here we have empirical evidence that it is valid. An HR director and an employer say yes. Do we need the director of Homeland Security, CIS director, or maybe Obama. Who would convince us (you) that it's valid?

Why does it seem like a few members that argue against the stamp have some kind of agenda?

Eric-Pris -

There is no empirical evidence here.

In the first instance, you have an employer who allowed an entrant to work based on the premise that the stamp is being 'fazed out'. They choose to use this information rather than follow instructions given them on the back of the I9 and in the employer handbook. Therefore they have violated procedure.

In the second instance, the poster states the stamp has allowed some entrants to work and indeed to come up 'authorized' when E-Verify was run. He states in a post later down that he does not know if any of the persons checked were K1 entrants.

[Usui Takumi 1,562]

The logical conclusion coming from this thread is this. If you have the temporary EAD stamp and you want to work with a company talk with HR and your local USCIS office. If what htslogistics-john says is true then the temp stamps are verifiable and do in fact act as EAD until I94 expires. Until USCIS releases a document officially saying that the stamp does not constitute an EAD its purely conjecture to say its invalid. We have been assuming that temp EAD is invalid because it can not be e-verified but in reality all the I9 says is that is must be an EAD issued by homeland security. A CBP official is under homeland security.

In conclusion, as long as HR excepts it AND the local office specifically says its valid for YOU (not in general) then it is until such time as a uscis document says it is not. (What i'm saying here is its up to the individual to do the leg work and have their local office specifically tell them they can work....don't just take a few posts in this thread saying that the their local office approved it as proof that it is okay.)

Edited September 29, 2009 by lancer1655

[ACINLOVE 2]

[rebeccajo 14]

Show me a document that specifically states that EAD stamps issued by DHS are not valid for employment, and you will get your wish.

All you have to do is google "I9 Employer Handbook" and find the section (linked to you earlier in this thread and also in the pinned thread at the top of this forum) and find the list that indicates which classes of aliens ARE valid for employment with a stamped I9.

You will not find the K1 category on the list.

So if you are capable of understanding being discluded from the list as proof, then - there you have your document.

Edited September 29, 2009 by rebeccajo

[rebeccajo 14]

The logical conclusion coming from this thread is this. If you have the temporary EAD stamp and you want to work with a company talk with HR and your local USCIS office. If what htslogistics-john says is true then the temp stamps are verifiable and do in fact act as EAD until I94 expires. Until USCIS releases a document officially saying that the stamp does not constitute an EAD its purely conjecture to say its invalid. We have been assuming that temp EAD is invalid because it can not be e-verified but in reality all the I9 says is that is must be an EAD issued by homeland security. A CBP official is under homeland security.

In conclusion, as long as HR excepts it AND the local office specifically says its valid for YOU (not in general) then it is until such time as a uscis document says it is not. (What i'm saying here is its up to the individual to do the leg work and have their local office specifically tell them they can work....don't just take a few posts in this thread saying that the their local office approved it as proof that it is okay.)

Lancer - See my post above.

[Usui Takumi 1,562]

Yes I remember that section. However I remember it was only providing a list as an example (hence the i.e. there) It does not definitively say that a K1 is not included.

[rebeccajo 14]

Yes I remember that section. However I remember it was only providing a list as an example (hence the i.e. there) It does not definitively say that a K1 is not included.

Why do you believe it is an example? An example of what?

It's very clear.

Does the government need to print two lists in the Guide? One for classes of aliens that are eligible, and another for classes that are not?

It seems to me you are saying people should be spoon fed, rather than using powers of deduction and reasoning.

[Usui Takumi 1,562]

No i'm simply saying that in the context of the document it does not appear to be a definitive list. Its placed in such a way as to give examples to employers on who might have the stamp in their passport, it doesn't infer that they are the ONLY ones that can use it.

Edited September 29, 2009 by lancer1655

[Spoom 8]

I use my powers of deduction and reasoning to say that if a stamp by a USCBP / DHS officer says I can work, I can work.

My guess is that that guide is old enough that the K-1 visa wasn't around when it was created (as the K class is relatively new).

Furthermore, the guide from the SSA earlier in this thread says that K-1 holders are authorized regardless of EAD or stamp.

So again, I have to pick a department to trust, and I, personally, will choose to trust what the DHS has (hypothetically) directly told me through the stamp: that I can work.

[rebeccajo 14]

I use my powers of deduction and reasoning to say that if a stamp by a USCBP / DHS officer says I can work, I can work.

My guess is that that guide is old enough that the K-1 visa wasn't around when it was created (as the K class is relatively new).

Furthermore, the guide from the SSA earlier in this thread says that K-1 holders are authorized regardless of EAD or stamp.

So again, I have to pick a department to trust, and I, personally, will choose to trust what the DHS has (hypothetically) directly told me through the stamp: that I can work.

The K visa class is quite old. More than twenty in fact.

The Social Security Administration does not legalize individuals to work in the US. It only passes out numbers. There is more information about this in the pinned thread above.

I'm sorry to say that your powers of deduction are no more than wishful thinking.

No i'm simply saying that in the context of the document it does not appear to be a definitive list. Its placed in such a way as to give examples to employers on who might have the stamp in their passport, it doesn't infer that they are the ONLY ones that can use it.

Re-read it, Lancer. The list is very definitive.

[Usui Takumi 1,562]

I'm afraid it isn't:

I-94 Arrival/Departure Record

Arrival-departure record issued by INS to nonimmigrant aliens. An individual in possession of the departure

portion of this document may only be employed if the document bears an "employment authorization" stamp or employment incident to the nonimmigrant classification is authorized with a specific employer (i.e. A-1, A-2, A-3,

C-2, C-3, E-1, E-2, G-1, G-2, G-3, G-4, G-5, H-1A, H-1B, H-2A, H-2B, H-3, I, L-1, O-1, O-2, P-1, P-2, P-3, Q,

NATO 1-7 and TC). The expiration date is noted on the Form I-94.

In the context of the above it is listing examples. If afterward it says something like "any visa not on the list with a stamp is invalid" that would be definitive. You can't jump to the conclusion that the above are the only visas that may have it unless it actually says so, anything else is reading between the lines.

[TracyTN 237]

I use my powers of deduction and reasoning to say that if a stamp by a USCBP / DHS officer says I can work, I can work.

My guess is that that guide is old enough that the K-1 visa wasn't around when it was created (as the K class is relatively new).

Furthermore, the guide from the SSA earlier in this thread says that K-1 holders are authorized regardless of EAD or stamp.

So again, I have to pick a department to trust, and I, personally, will choose to trust what the DHS has (hypothetically) directly told me through the stamp: that I can work.

That's fine and dandy, except the CBP does not have any discretion as to who is EA and who is not. The fact that they give out the stamp to K visa holders at JFK is simply because they have done for many years and (as far as we can tell) have not been told to stop. Definite procedural problem.

That aside, I've never really understood the benefit of the stamp anyway. Even if you have a job waiting for you when you arrive, and you can find an employer who will (incorrectly) let you work, you'd still have to stop work after 90 days unless your regular EAD has arrived. Any K applicant who does not anticipate some time of not being able to work is generally deluding themselves. If an entrant wants to/must work upon entry, then they should be seeking an immigrant visa instead.

[TayRivers 4]

I work for local govenment in the HR Department. We had a staff training day with DHS back in June to go over the new I-9 and E-Verify system that all government departments now have to use.

Because of my interest in immigration I asked for information on the stamp given at JFK and some land crossings and I was told that the temp EAD stamp is valid for employment when it is endorsing a non-immigrant visa that is for a specific employer. The employer will be named on the non-immigrant visa and the stamp acts as a temp EAD until the person gets the EAD card in the mail, much in the same way as a immigrant visa becomes a temp greencard once stamped at POE and is valid for work and travel until the actual greencard is issued by USCIS.

I also asked about K1 visa holders and the I-9 and the Stamp. I was told that a K1 visa holder must apply and be approved for a EAD under catagory A6 before thay would be authorized to work and that without a EAD card the can not comply with the requirements of the I-9, if they apply for the EAD in catagory A6 it will be valid for a period of 90 days from the date of entry into the USA. It can not be extended or renewed.

I was also told that K1 visa holders are given a SSN because some states require a SSN in order for people to get married. Full details of the visas that are allowed to work with the temp EAD stamp can be found in the employers manual on the USCIS website.

Tay