K1 and EAD: is EAD actually needed to work legally? Who ultimately determines eligibility: SSA or USCIS?

[K and L 27]

According to the SSA's POM RM 00203.500 Employment Authorization for Nonimmigrants, Part C (emphasis mine):

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.

If you scroll down from that, K1 is clearly listed without an asterisk (or two). This implies that, if requested, the SSA will grant K1 holders an unrestricted SSN card (that is, will not say "NOT VALID FOR EMPLOYMENT" or "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"), which implies that like anyone else with an unrestricted SSN card, K1 holders can theoretically work (with the caveat that EAD may be requested before employment can begin).

Ultimately, who decides work authorization? The SSA? USCIS? If it's the SSA, then K1s don't even need an EAD to get work, unless their employer requests it. If it's USCIS, why is SSA giving unrestricted SSN cards to unauthorized people?

In my opinion, if USCIS specifically didn't want K1s to be able to work, they wouldn't allow the SSA to distribute an unrestricted SSN card to that visa class -- it'd be like the K2/K3/K4 (which are listed under Part C.2: Aliens Who Require an EAD from DHS Authorizing Employment) or the B1/B2 visas (which are listed under Part C.3: Aliens Who Are Not Authorized To Work In The U.S.)

[JimVaPhuong 4,863]

Read paragraph "A" on the page you linked to. DHS determines whether an alien can work in the US - not SSA.

Technically, a K1 is authorized to work, but only until their I-94 expires. The SSA usually does not give an unrestricted Social Security card to a K1 unless they have an EAD. A K1 can apply for an EAD, but that will also expire when the I-94 expires.

[K and L 27]

Which implies that if you marry and apply for AOS within the two weeks of admission, since EAD is typically granted within 60-75 days, you can be continuously employed without having to pay $340 for the EAD that can't be applied for until POE. It's an interesting thought.

Edited May 16, 2010 by K and L

[payxibka 10,044]

Read paragraph "A" on the page you linked to. DHS determines whether an alien can work in the US - not SSA.

Technically, a K1 is authorized to work, but only until their I-94 expires. The SSA usually does not give an unrestricted Social Security card to a K1 unless they have an EAD. A K1 can apply for an EAD, but that will also expire when the I-94 expires.

Technically, the SSA does not give an unrestricted card until you have GREENCARD. A K-1 entrant with EAD will have a restricted card.

[Otto 83]

** Not a K-1 Procedures issue; moving thread to "Working & Traveling During US Immigration"

[Anh map 2,098]

Which implies that if you marry and apply for AOS within the two weeks of admission, since EAD is typically granted within 60-75 days, you can be continuously employed without having to pay $340 for the EAD that can't be applied for until POE. It's an interesting thought.

If EAD is submitted along with the I-485 the $340 fee is not required. See pg 8 of the I-485 instructions.

[Gary and Alla 3,694]

Read paragraph "A" on the page you linked to. DHS determines whether an alien can work in the US - not SSA.

Technically, a K1 is authorized to work, but only until their I-94 expires. The SSA usually does not give an unrestricted Social Security card to a K1 unless they have an EAD. A K1 can apply for an EAD, but that will also expire when the I-94 expires.

Correct, Jim. You need an EAD or Green card to work. K-1s are listed as eligible to work by SSA, who does not determine this. Why? Because in some jusridictions K-1s needed an SSN to get amarriage license (not any more but SSA hasn't caught up yet) so they "defaulted" K-1s to this category so they can get an SSN, get married and meet the terms of their visa. That is all. K-2s, K-3s and K-4s cannot get an SSN without a green card or EAD. They never needed one to get a marriage license. K-2s and K-4s are children and MUST be single and K-3s are spouses, already married to US citizens.

Surely you don't think they give authorization to a fiance(e) to work, but not to a spouse (K-3) of a US citizen, do you?

[Gary and Alla 3,694]

Which implies that if you marry and apply for AOS within the two weeks of admission, since EAD is typically granted within 60-75 days, you can be continuously employed without having to pay $340 for the EAD that can't be applied for until POE. It's an interesting thought.

Except that implication would be wrong. K visa holders are not eligible to work at any time until they have an EAD or green card. The "employment authorized" stamp given at the POE is not valid without a specific work visa to accompany it. Check "list A" on the I-9 form. The "stamp" is erroneously given out to nearly everyone at some POEs. They gave one to our 13 year old K2 son when he entered at JFK. So what? It isn't valid and nothing more than a waste of ink.

The K visa is not a work visa. If working is a factor for you in your decision process on which visa to use, ANY K visa is a poor choice. Much better to get married overseas and apply for a CR-1 if your spouse/fiancee needs to work right away.

[Gary and Alla 3,694]

According to the SSA's POM RM 00203.500 Employment Authorization for Nonimmigrants, Part C (emphasis mine):

If you scroll down from that, K1 is clearly listed without an asterisk (or two). This implies that, if requested, the SSA will grant K1 holders an unrestricted SSN card (that is, will not say "NOT VALID FOR EMPLOYMENT" or "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"), which implies that like anyone else with an unrestricted SSN card, K1 holders can theoretically work (with the caveat that EAD may be requested before employment can begin).

Ultimately, who decides work authorization? The SSA? USCIS? If it's the SSA, then K1s don't even need an EAD to get work, unless their employer requests it. If it's USCIS, why is SSA giving unrestricted SSN cards to unauthorized people?

In my opinion, if USCIS specifically didn't want K1s to be able to work, they wouldn't allow the SSA to distribute an unrestricted SSN card to that visa class -- it'd be like the K2/K3/K4 (which are listed under Part C.2: Aliens Who Require an EAD from DHS Authorizing Employment) or the B1/B2 visas (which are listed under Part C.3: Aliens Who Are Not Authorized To Work In The U.S.)

SSA does not distribute unrestricted cards to that class. Alla's card still says "Valid for work only with DHS authorization" So what? she has a green card, she is work authorized and her SS card is safely in her desk drawer where no one ever sees it. Actually NO SS card authorizes work, not even a citizen's. Citizens also have to have some other form of document to be authorized to work...a birth certificate or passport, for example. Why would DHS get so bent over a useless card? I lost my SS card in 1973 and haven't needed it since. For employment authorization I show my passport.

Neither SSA or USCIS decides. This decision is administered by the DHS through legislation. Congress decides, DHS administers. It is a matter of law...legislation. USCIS is PART of the DHS, it is subservient to DHS. SSA is not part of DHS. SSA, DHS and USCIS cannot make laws, they CAN make regualtions for certain things that congress, by law, allows them to do, just as can the EPA or any other government agency. Regulations are not laws, do not require congressional votes or Presidential signatures.

A K-1 with a SS card cannot meet the requirements of the I-9 form and will not be verified by the e-verify system.

[kjmel38 1]

According to the SSA's POM RM 00203.500 Employment Authorization for Nonimmigrants, Part C (emphasis mine):

If you scroll down from that, K1 is clearly listed without an asterisk (or two). This implies that, if requested, the SSA will grant K1 holders an unrestricted SSN card (that is, will not say "NOT VALID FOR EMPLOYMENT" or "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"), which implies that like anyone else with an unrestricted SSN card, K1 holders can theoretically work (with the caveat that EAD may be requested before employment can begin).

Ultimately, who decides work authorization? The SSA? USCIS? If it's the SSA, then K1s don't even need an EAD to get work, unless their employer requests it. If it's USCIS, why is SSA giving unrestricted SSN cards to unauthorized people?

Om my Undrestanding, Department of Homeland State (D H S) Only have Right to Issue the AED, I got my SSN Before I Got Married, and Before Adjustment Status, K-1 Visa Like me, I can Work only after recieving my EAD, and I can have it without paying another $340.00 by Simply Fill Up the Form I - 765 , and I sent it to USCIS together with All my A O S Application, Now am about to do My Biometrics,EAD is the official Proof that I am Legally Allowed to Work here in USA, and On my Application Online, I open Ask to this QUESTION? Do you have A Proof to work Legally here in US? YES or No? so ,in my Understanding I can Work only after Recieving My EAD, and AM About to have it, By june After my Biometrics,you are Only require to pay EAD Only if you filed late, but if you file it on time of your AOS , It is Included in $1,010.00 US, that we PAY to USCIS. YOU Already Mentioned ONLY BY DHS Authorization,on Our SSN, So it's Really needed to have AN EAD.IT's USCIS,.After verification form their Office, it will be Forwarded to DHS and from DHS to NVC then to ASC .the final Offiice to Process Everything then back to USCIS to released EAD AND Green Card. WeLL i'm doing it the way i understood it. It's Up to yOU now.

In my opinion, if USCIS specifically didn't want K1s to be able to work, they wouldn't allow the SSA to distribute an unrestricted SSN card to that visa class -- it'd be like the K2/K3/K4 (which are listed under Part C.2: Aliens Who Require an EAD from DHS Authorizing Employment) or the B1/B2 visas (which are listed under Part C.3: Aliens Who Are Not Authorized To Work In The U.S.)

[Rebecca Jo 1,962]

K1 is in the class of non-immigrant visas which is work authorized. This is why the Social Security Administration have issued POMS to its staff telling them a K1 entrant is entitled to a Social Security number.

However, such SS numbers will be 'restricted' and the card will state (on its face) that the holder of the number must have work authorization from DHS to accept employment.

Work authorization documents which are acceptable are listed on the back of the I-9 form which every person (foreign born or citizen) must complete after hire.

A K1 entrant with a restricted SS card must have another document to prove work eligibility. Namely an EAD.

POMS memos are not interpretation of the INA. They are instructions to SS employees and that is all.

[Rebecca Jo 1,962]

I would also add that a SS card is not a useless document. US citizens often need the card, especially those who are involved in professions where licensure is required, such as teachers, nurses, etc.

For an immigrant, the card is particularly important. And if the immigrant holds an unrestricted SS card (which they should apply for after they obtain their green card) and another identity document (such as a US drivers license) then they should never have to prove their immigrant status to any employer.

[belinda63 2,990]

A K-1 might need a social security card to obtain a marriage license, bank account, health insurance, etc. To ease the transition they are permitted to obtain a restricted social security card stamped with "valid for work only with DHS authorization".

As to actually working prior to receiving the EAD if you look at the I-9 form that ALL employers are required to fill out and keep on file for each employee you will find that you are not authorized to work without the EAD even though you may have a social security number. The requirements are very clear so there is no misunderstanding for the employee or employer as to who is authorized to work.

A social security card is just that, it is a number used to track your benefits obtained by work to qualify you for the social security, i.e, medicare and social security payments that you may be entitled to, it is not an authorization for work.

[Rebecca Jo 1,962]

A K-1 might need a social security card to obtain a marriage license, bank account, health insurance, etc. To ease the transition they are permitted to obtain a restricted social security card stamped with "valid for work only with DHS authorization".

While it's true a K1 might need a SS number to do business in the US, that's not why the SSA issues numbers to K1's.

SS numbers are issued to K1's by the SSA because they are in a class of non-immigrants who are work authorized with permission from USCIS.

[belinda63 2,990]

KK Johnny but the rest still stands, a social security card is for social security benefits not for work eligibility although over time it has become a virtual requirement for employment.