K1 Beneficiary Employment

[Honey&Bee 1]

Hi All,

I read somewhere that a beneficiary can still work with a temporary work permit while waiting for the whole Adjustment of Status to be completed. However, if for example her current employer, which happens to have a branch in the US and in her home country, will opt to keep her, but under the employment of her home country branch, and just work remotely, is that legal?

Thanks for any input

[Tim/Mav 305]

Hi All,

I read somewhere that a beneficiary can still work with a temporary work permit while waiting for the whole Adjustment of Status to be completed. However, if for example her current employer, which happens to have a branch in the US and in her home country, will opt to keep her, but under the employment of her home country branch, and just work remotely, is that legal?

Thanks for any input

I'm not totally sure but what you are talking about is EAD (Employment Authorization Document) best I see it. I believe there is a Fee to be paid and a waiting period as well but less than the AOS. I got confused when you stated Temporay Work Permit.

If you have questions about the legality of her working then don't let her work until you know for sure.

Other Members can imput better than me.

[Otto 83]

Hi All,

I read somewhere that a beneficiary can still work with a temporary work permit while waiting for the whole Adjustment of Status to be completed. However, if for example her current employer, which happens to have a branch in the US and in her home country, will opt to keep her, but under the employment of her home country branch, and just work remotely, is that legal?

Thanks for any input

The short answer is "No" - can not work without Work Authorization from DHS.

It is doubtful your fiance would be working 'remotely' (there may be some exceptions to that but for the majority of us, it isn't going to happen). Once upon a time there was a temporary EAD stamp that some POE's issued (namely JFK here in NY) but that isn't/wasn't what most folks thought it was.

Best practice - enter the US, get married and file for AOS/EAD - the EAD takes about 90 days (sometimes less). Once that is in hand, they'll be eligible to work.

See our Working & Traveling During US Immigration forum for some more information (there are a couple of pinned topics on this very subject that might be of interest).

[Honey&Bee 1]

THANKS!