Please help! - Work Authorization under K1 Visa

[Jeff and Kathy 0]

Hi there!

My fiance has entered the US via her K1 Fiance Visa. We recently applied for her Social Security Number as well. Thankfully she has a prospective job lined up that is eager for her services ASAP!

We have done some research regarding the quickest possible route to obtaining work permission. However we are still a little confused. My understanding is that she will apply for the EAD (Employment Authorization) when we apply for our Adjustment of Status (AOS).

We have been told however that all she needs is a valid SSN# (Social Security Number) and her I-94 to start working in the US. Is this true? If so, will she have to re-apply for permission to work after we complete our Adjustment of Status?

It's a little confusing. But my fiance has a WONDERFUL job that is patiently waiting for her. What is the quickest option for us to obtain legal work permission?

Your advice is GREATLY appreciated! (Hablamos espanol si quieres contestar en espanol).

Thanks ===> Jeff and Kathy

[Susita 175]

Hi there!

My fiance has entered the US via her K1 Fiance Visa. We recently applied for her Social Security Number as well. Thankfully she has a prospective job lined up that is eager for her services ASAP!

We have done some research regarding the quickest possible route to obtaining work permission. However we are still a little confused. My understanding is that she will apply for the EAD (Employment Authorization) when we apply for our Adjustment of Status (AOS).

We have been told however that all she needs is a valid SSN# (Social Security Number) and her I-94 to start working in the US. Is this true? If so, will she have to re-apply for permission to work after we complete our Adjustment of Status?

It's a little confusing. But my fiance has a WONDERFUL job that is patiently waiting for her. What is the quickest option for us to obtain legal work permission?

Your advice is GREATLY appreciated! (Hablamos espanol si quieres contestar en espanol).

Thanks ===> Jeff and Kathy

Hello

Unfortunately your fiancee won't be able to work until she gets her EAD. Working without it is illegal and her social security card will say "Not valid for employment without DHS authorization."

The quickest way is to get married & file for AOS ASAP and get the ball rolling. It will also be helpful to go and get the social security card as soon as possible. That way, when you receive the EAD she can just start working.

Buena suerte

Suzy

[VanessaTony 3,567]

Hello

Unfortunately your fiancee won't be able to work until she gets her EAD. Working without it is illegal and her social security card will say "Not valid for employment without DHS authorization."

The quickest way is to get married & file for AOS ASAP and get the ball rolling. It will also be helpful to go and get the social security card as soon as possible. That way, when you receive the EAD she can just start working.

Buena suerte

Suzy

Agreed. Though the card doesn't say EXACTLY what was written above, it does say DHS Authorization which is the impt part. That authorization is the EAD. it will take about 3 months to get the EAD after applying for AOS, sometimes sooner.

[Susita 175]

the hubby is visiting mom & dad in Peru right now and he has his SS card so I couldn't read it word for word, but I'm pretty sure it says almost the same thing on the card.

[Gary and Alla 3,694]

Hi there!

My fiance has entered the US via her K1 Fiance Visa. We recently applied for her Social Security Number as well. Thankfully she has a prospective job lined up that is eager for her services ASAP!

We have done some research regarding the quickest possible route to obtaining work permission. However we are still a little confused. My understanding is that she will apply for the EAD (Employment Authorization) when we apply for our Adjustment of Status (AOS).

We have been told however that all she needs is a valid SSN# (Social Security Number) and her I-94 to start working in the US. Is this true? If so, will she have to re-apply for permission to work after we complete our Adjustment of Status?

It's a little confusing. But my fiance has a WONDERFUL job that is patiently waiting for her. What is the quickest option for us to obtain legal work permission?

Your advice is GREATLY appreciated! (Hablamos espanol si quieres contestar en espanol).

Thanks ===> Jeff and Kathy

Fastest way is to get married and file for the EAD together with your Adjustment of Status. Your fance can get a SS card but it does nt authorize work and specifically will not authorize him to work. It will take about 2-3 months to receive the EAD after filing.

[Filipina Lover 1]

Here is the situation. I'm waiting for immigration to tell me exactly if a K-1 can work with the I-94 like they state on this page. https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

Since I am capable of hiring someone where I work, I have the right to ask them and they have to tell me, so I am just waiting, but my guess is that they don't know their own law or rules and will never get back to me, but if they do in the next day or two, I will post it here for everyone so we will all know.

They tell us one thing on that page, but then tell employers almost the same thing but not quite clear on it. http://www.uscis.gov/files/form/m-274.pdf

so that makes it questionable, but also to make it even more hard on us, they say that the employer may still ask for the EAD even if you are eligible to work without it.

It used to be you could walk into the INS office and get that EAD the same day. Now you can't.

[NigeriaorBust 4,087]

If you read the rest of the topic , no you can NOT work with just a K1 and I 94 you have to have an EAD

[Otto 83]

It used to be you could walk into the INS office and get that EAD the same day. Now you can't.

It's been discussed many times at length - this forum "Work and Travel..." has lots of threads on this and also the pinned thread http://www.visajourney.com/forums/index.php?showtopic=180237 may help answer your questions.

[TracyTN 237]

It used to be you could walk into the INS office and get that EAD the same day. Now you can't.

And for what it's worth, it's not the INS anymore - hasn't been for many years. It's USCIS.

[Jeff and Kathy 0]

I appreciate all of your suggestions and information. I'm just a little worried though. Her employer wants her there ASAP. I understand the process. I just wish there was a way to expedite the process. Any ideas?!?!?!

Thanks again!

Jeff

[Otto 83]

Any ideas?!?!?!

Other than get married and file AOS (and EAD) right away, there's no workaround to get work-authorized faster. Unfortunately this employer will have to wait a month or two (or three).

[ClayinChina 0]

I appreciate all of your suggestions and information. I'm just a little worried though. Her employer wants her there ASAP. I understand the process. I just wish there was a way to expedite the process. Any ideas?!?!?!

Thanks again!

Jeff

I am not a lawyer. Whether this is remotely legal, I don't know. But there is a consideration about whether your wife could volunteer at the company for the 2 or 3 months (It was almost 5 for us because they wanted more evidence of my income) until she has her EAD, and the company could arrange for a signing bonus when she starts there as a paid employee. Again, not sure how volunteering is considered. Not all companies will be down for it, either, and of course, you have to trust that they will deliver the bonus in 3 months. Lots to consider, but I guess it depends on how much you need the money, and whether an equivalent job can be found in 2-4 months (If you're getting married right away).

[Usui Takumi 1,562]

I am not a lawyer. Whether this is remotely legal, I don't know. But there is a consideration about whether your wife could volunteer at the company for the 2 or 3 months (It was almost 5 for us because they wanted more evidence of my income) until she has her EAD, and the company could arrange for a signing bonus when she starts there as a paid employee. Again, not sure how volunteering is considered. Not all companies will be down for it, either, and of course, you have to trust that they will deliver the bonus in 3 months. Lots to consider, but I guess it depends on how much you need the money, and whether an equivalent job can be found in 2-4 months (If you're getting married right away).

• A foreign national cannot perform work as a volunteer if the foreign national believes that some form of compensation will follow. This specifically includes volunteering for a trial period leading up to compensated employment.

• A foreign national may not volunteer while awaiting work authorization or change of status (that would enable them to work), even if for a few days.

• Dependent family members of F-1, H1B, TN1, and O1 visa holders cannot work or volunteer at Vanderbilt without participating in the normal recruitment and hiring processes, including obtaining appropriate employment authorization.

• Dependents of J-1 and E-3 beneficiaries MAY obtain a work permit for unrestricted employment, but cannot volunteer until the EAD is in hand.

• A person cannot perform work as a volunteer in a position that would normally be a paid position.

• Defining a position as “unpaid” (e.g., an unpaid internship) or “volunteer” does not mean that it is a legitimate volunteer position, given the USCIS guidelines and other relevant labor and employment laws.

USCIS GUIDELINES

• A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow. The U.S. Citizenship and Immigration Service (USCIS) views such volunteering as “work” and requires proper employment authorization issued by that agency. This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

• [A]n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis. The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539)

• In addition, the volunteer rule may give rise to a number of potential abuses. For example, may an employer lawfully suggest to an alien that he or she should do a period of 'volunteer' work while the employer is deciding whether or not to file a nonimmigrant visa petition or a labor certification application? Recently, the INS indicated that an applicant for change in nonimmigrant status could not offer his or her services to a prospective employer on a 'volunteer' basis. The INS has stated that: 'If any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.' (89-05 Immigr. Briefings 1)

• Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work. The ultimate question in most volunteer cases will be: What did the alien expect in return? If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1)

[ClayinChina 0]

• A foreign national cannot perform work as a volunteer if the foreign national believes that some form of compensation will follow. This specifically includes volunteering for a trial period leading up to compensated employment.

• A foreign national may not volunteer while awaiting work authorization or change of status (that would enable them to work), even if for a few days.

• Dependent family members of F-1, H1B, TN1, and O1 visa holders cannot work or volunteer at Vanderbilt without participating in the normal recruitment and hiring processes, including obtaining appropriate employment authorization.

• Dependents of J-1 and E-3 beneficiaries MAY obtain a work permit for unrestricted employment, but cannot volunteer until the EAD is in hand.

• A person cannot perform work as a volunteer in a position that would normally be a paid position.

• Defining a position as “unpaid” (e.g., an unpaid internship) or “volunteer” does not mean that it is a legitimate volunteer position, given the USCIS guidelines and other relevant labor and employment laws.

USCIS GUIDELINES

• A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow. The U.S. Citizenship and Immigration Service (USCIS) views such volunteering as “work” and requires proper employment authorization issued by that agency. This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

• [A]n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis. The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539)

• In addition, the volunteer rule may give rise to a number of potential abuses. For example, may an employer lawfully suggest to an alien that he or she should do a period of 'volunteer' work while the employer is deciding whether or not to file a nonimmigrant visa petition or a labor certification application? Recently, the INS indicated that an applicant for change in nonimmigrant status could not offer his or her services to a prospective employer on a 'volunteer' basis. The INS has stated that: 'If any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.' (89-05 Immigr. Briefings 1)

• Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work. The ultimate question in most volunteer cases will be: What did the alien expect in return? If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1)

Thanks. Too bad then. Yeah, it really is a raw deal, especially if you need the money. My very-lucrative sales job came to a sudden end (the company went bankrupt) about 6 weeks Lisa came here, and we'd been in now hurry to get the AOS application filed. Suddenly things got serious. Thank god for credit cards.

[ashenflowers 5]

Sousuke, do you have the link where you got that information?

Thank you. I'd like to read up further.