Working before possessing an EAD

[Beefheart 31]

Hello again folks, I hope everyone is good and enjoying this glorious day,

Once again, I'm experiencing a fair amount of confusion regarding the right to work (if any) before receiving the EAD.

I swear I have read numerous times on here, and also elsewhere on the internet, that you can't work legally, here, in the US until you have your EAD; not even if you have a valid Social Security Number/Card. Now, I've just read on the official Social Security website the following information relating to the type of card I have. A card:

Which shows your name and number with notes, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work. (http://www.ssa.gov/ssnumber/cards.htm)

Does this mean, then, that I do, indeed, have the right to work?

I also read that K-1 Visa holders are eligible to work (http://www.ssa.gov/people/immigrants/visa.html), which has confused me further, as I've always been under the impression that wasn't the case.

I applied for, and received, my Social Security card prior to marrying when I entered the country on my K-1 Visa. I'm now married and my K-1 expired in January of this year. Does this mean that I'm no longer designated as a K-1? If so, does not being a valid K-1 Visa holder affect my eligibility as per the statement on my SSC (see above)?

I've been offered work and need to fill in tax forms and the like which ask for my SSN. I just don't want to give that information and claim I'm eligible to work if, in fact, I'm not. I'm worried that in doing so I might jeopardise my entire AOS package, be denied a green card, and in the most severe case, deported.

I'm so so confused by it all.

Any feedback and correct info would be most helpful and greatly appreciated.

[Ebunoluwa 6,136]

DHS authorization is an approved EAD. So, no you can not work until you have your EAD card in hand.

How about employment? When can my fiance(e) begin working?
A..(generalized statement).. To work your fiance(e) will need to get an Employment Authorization Document. While a K-1 holder can technically obtain an EAD prior to getting married, the practical wait involved makes this option unfeasible (the validity of the EAD will expire before it can even be processed in most cases). Practically, a K-1 holder will need to wait until they file for Adjustment of Status (after getting married) and will co-file for an EAD (which should arrive on average within 90 days from the filing date. As a note, in order to be employed, it is required to have a Social Security Number which can be obtained by a K-1 holder after they arrive in the US (you should wait 10 days after entry to the US and no later than 10 days prior to the K-1 expiration date to go to the Social Security Office in your area to file for this; if you miss this time frame you must wait until after you are married and file for Adjustment of Status).


What do we do if my fiance(e) does not receive a temporary work authorization?
A..If your intent is to put your fiance(e) to work as soon as possible, then get married immediately. Apply for "Adjustment of Status" (I-485) with an application for work authorization (I-765) -- the EAD once issued will be good for one year. You will apply using category ©(9), "adjustment applicant". Since the official policy is to apply via mail for your Adjustment of Status Package (which your EAD application will be submitted with) the EAD application will be processed in about 60-90 days (the typical processing time for filing via mail). The fiance(e) will be notified to appear in person to be photographed and fingerprinted at some point (a biometrics appointment) for the EAD processing to be completed. Your EAD will be generated and mailed to you shortly after.

The "official I-765 procedure" for obtaining a 90 day EAD based on K1 status (category (a)(6) on the I-765), involves sending the application to your USCIS (INS) Service Center. This 90-day EAD expires when your 90-day K1 expires. The processing times at the Service Centers make this option worthless, and no one has reported getting an EAD in this manner.

[Ebunoluwa 6,136]

The link you provided which confuses you is yes, in theory a K1 can work for 90 days but since the processing takes as long it is not

practical to apply. Best thing for a K1 visa holder is to marry asap and apply for AOS and EAD/AP so a K1 entry can work as soon as possible.

[Boiler 43,433]

DHS Authorisation is evidenced by your EAD card,

Edited May 29, 2015 by Boiler

[Beefheart 31]

This is what I thought; that I need my EAD as proof/authorisation to work.

It's just confusing how the wording appears on the Social Security's own page, as simply having a SSC with that wording (which I do) implies the holder has the right to work:

"We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work".

Have I been issued with the wrong card, albeit one which would enable me to work?

[Boiler 43,433]

K1 is work authorised for the 90 days, the EAD is the document that substantiates that. You got one but not the other. Most people do not bother as it takes so long to get the EAD.

[ldt0423 9]

You haven't been issued the wrong card. As stated before, you can only work once you have your EAD card which is the DHS Authorization.

[Beefheart 31]

They need to re-word their information in that case, as it leaves room for misinterpretation in its current form.

Regardless, thanks for all the feedback, everyone.

[panssey 7]

I heard that working before getting EAD may result in denying you citizenship when you apply for it later.

[Boiler 43,433]

News to me, where did you hear this?

[Pitaya 2,576]

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