EAD technicality

[Caladan 19]

C.'s employer is expanding operations into the United States and is just drooling at the thought that he'll be able to work for them, as it will be nice to have someone they know and trust helping to coordinate things on the American side of the enterprise.

He will enter on a K-1. The K-1 is work authorized, but it's usually next to impossible to get the EAD stamp through a Canadian airport or land crossing, and we're not flying him to the UK on the off-chance he'll get the stamp at JFK. I am reasonably certain, however, that his employer would cheerfully ignore the I-9 requirements.

So here's my question (apropos of another thread):

Is it illegal for him to work without an EAD, or is it just illegal for the company to hire him?

It's probably a moot point, as we'd need to get him a social security number; but our timetable is looking like he'll have to enter about sixty days before we get married so we can meet with the priest and do the pre-marriage counselling. He will be quite bored as there is only so much Playstation a man can play.

I'm unclear as to where the work authorization attaches, so to speak, to the K-1 or the EAD, and I'm looking for an external cite and not coming up with much.

[kim&james 0]

http://www.visajourney.com/forums/index.php?showtopic=54269

This is a good thread to read re the EAD and K1 EA issue.

[Caladan 19]

Yeah, I read that, but it devolved into arguing and I'm not sure that there was a consensus. I'm looking more for an external citation and I'm not sure where to look at all, or where the pastes of texts of paragraphs are coming from.

[kitkat1 5]

Bottom line is work without an employment authorization is forgiven at AOS via to marriage to a USC. Only the employer can face serious problems by hiring someone without an EAD.

[meauxna 15]

C.'s employer is expanding operations into the United States and is just drooling at the thought that he'll be able to work for them, as it will be nice to have someone they know and trust helping to coordinate things on the American side of the enterprise.

He will enter on a K-1. The K-1 is work authorized, but it's usually next to impossible to get the EAD stamp through a Canadian airport or land crossing, and we're not flying him to the UK on the off-chance he'll get the stamp at JFK. I am reasonably certain, however, that his employer would cheerfully ignore the I-9 requirements.

So here's my question (apropos of another thread):

Is it illegal for him to work without an EAD, or is it just illegal for the company to hire him?

It's probably a moot point, as we'd need to get him a social security number; but our timetable is looking like he'll have to enter about sixty days before we get married so we can meet with the priest and do the pre-marriage counselling. He will be quite bored as there is only so much Playstation a man can play.

I'm unclear as to where the work authorization attaches, so to speak, to the K-1 or the EAD, and I'm looking for an external cite and not coming up with much.

Caladan,

C is employment authorized as a K-1, for 90 days.

C's employer can hire him if they choose.

C does not need a SS card to start working, but he does have to have applied for the number. He can do this on Day 2 in the US.

Give the employer a heads up for their legal dept--thru whomever is doing the drooling. Don't go dragging HR into it if unnecessary.

The employment authorization is part of a person's STATUS.

Proof of status comes in the form of some type of DOCUMENT.

A DOCUMENT is evidence of status, including employment eligibility.

[meauxna 15]

Employers may hire candidates who have applied for, but not yet recieved, their Social Security Card.

http://tinyurl.com/3aqah6

Do legal aliens need a Social Security number to work?

Question

We are a company who is hiring legal aliens without Social Security numbers. Do they need a number to work, or just a work permit?

Answer

You are required to get each employee's name and Social Security number and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employees.) You should ask your employee to show you his or her social security card. The employee is required to show the card, if available. You may, but are not required to, photocopy the Social Security card if the employee provides it.

A non-U.S. citizen employee who does not have a Social Security number may apply for one by completing Form SS-5, Application for a Social Security Card. To apply for a card, he or she will need to complete Form SS-5 which is available for download. Or they may obtain Form SS-5 by calling 1-800-772-1213 or visiting the local Social Security office.

The employee will need to submit Form SS-5 with evidence of age, identity and current authorization to work from the Department of Homeland Security (DHS). (The application cannot be filed by the employer.) The immigration document may be acceptable as evidence of both identity and authorization to work in the United States. All documents must be either originals or copies certified by the issuing agency.

To apply for a replacement card, the employee will need to submit Form SS-5 with evidence of identity and current authorization to work from the DHS. We cannot accept photocopies of documents. We need original documents or copies certified by the custodian of the record. Notarized copies are also not acceptable.

If the employee is a noncitizen, we must verify their documents with the (DHS) before we issue a card. We will issue the card within two days of receiving verification from DHS. Most of the time, we can quickly verify documents online with DHS. If DHS can't verify the documents online, it may take several weeks or months to respond to Social Security's request.

Employers may hire foreign workers who have applied for and are waiting to receive Social Security numbers and cards. The employee may work while the Social Security number application is being processed. If your employee applied for an SSN but does not have it when you must file Form W-2, enter "Applied for" on the form. When the employee receives the SSN, file Form W-2c, Corrected Wage and Tax Statement, to show the employee's SSN.

Note that these are SSA's instructions to employers.

[Killer_Clown_2009 0]

It says right on the USCIS site that K-1 are authorized to work, but that they need an EAD card to do so, as do those on other forms of visa. Personally I don't care if people want to work with the EAD card, but it gets tired reading about ways to get around the actual rule and make it all ok.

[Killer_Clown_2009 0]

Who is Eligible?

The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

There is one place right from USCIS that says they require a EAD and there are others, but I am not going to spend my afternoon digging them up.

Edited February 24, 2007 by jane2005

[Killer_Clown_2009 0]

And here if you want to get right into the codes:

http://www.uscis.gov/propub/ProPubVAP.jsp?...52bd97b8937ce80

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service; (Revised 8/14/01; 66 FR 42587 )

[diadromous mermaid 36]

C.'s employer is expanding operations into the United States and is just drooling at the thought that he'll be able to work for them, as it will be nice to have someone they know and trust helping to coordinate things on the American side of the enterprise.

He will enter on a K-1. The K-1 is work authorized, but it's usually next to impossible to get the EAD stamp through a Canadian airport or land crossing, and we're not flying him to the UK on the off-chance he'll get the stamp at JFK. I am reasonably certain, however, that his employer would cheerfully ignore the I-9 requirements.

So here's my question (apropos of another thread):

Is it illegal for him to work without an EAD, or is it just illegal for the company to hire him?

It's probably a moot point, as we'd need to get him a social security number; but our timetable is looking like he'll have to enter about sixty days before we get married so we can meet with the priest and do the pre-marriage counselling. He will be quite bored as there is only so much Playstation a man can play.

I'm unclear as to where the work authorization attaches, so to speak, to the K-1 or the EAD, and I'm looking for an external cite and not coming up with much.

Caladan,

C is employment authorized as a K-1, for 90 days.

C's employer can hire him if they choose.

C does not need a SS card to start working, but he does have to have applied for the number. He can do this on Day 2 in the US.

Give the employer a heads up for their legal dept--thru whomever is doing the drooling. Don't go dragging HR into it if unnecessary.

The employment authorization is part of a person's STATUS.

Proof of status comes in the form of some type of DOCUMENT.

A DOCUMENT is evidence of status, including employment eligibility.

That's my take also. As a K-1 he is work authorised and if an employer wants to hire him he'd be OK until he is no longer a K-1. If you are waiting 60 days to marry, he'd technically still be a K-1 until the day he married. Now, if he shows his K-1 to the employer as proof of work authorisation, the employer technicallyp should record the expiry date and re-verify him before that date arrives. Re-verification asks for certain documents to be presented as proof of status. The issue is, will the employer be willing to take the risk ?

[Caladan 19]

They might. They might not have thought it through. And it may be a moot point as his line of work requires blasting licensing, which he may not be able to register for without the EAD.

We're not depending on it, but it would be nice to give him something to do in June, since work tends to come in three-weeks on, one-week off chunks. Or if it's possible for him to be hired (& caveat about EAD), and begin the recertification, then once he gets the post-marriage EAD he can just start work instead of recertifying.

(jane, there's a difference between trying to get around a rule and trying to establish what the rule is. There seems to be an ambiguity here, one that would be solved if they'd just give the silly stamp at the PoE.)

[rebeccajo 14]

The employment authorization is part of a person's STATUS.

Proof of status comes in the form of some type of DOCUMENT.

A DOCUMENT is evidence of status, including employment eligibility.

This is concise and I like it.

Caladan, I have to say I rather agree with jane2005. And I agree with her because of the rule being somewhat 'ambiguous' - as you call it. Whenever something is 'gray' isn't it best to err on the conservative side?

[Caladan 19]

Sure, if it's a gray area. That's what I'm not convinced of, and why I'm asking questions. It should be pretty obvious at this point that we're committed to doing this above board, given that we filed and received a K-1 instead of just getting married on the VWP.

[rebeccajo 14]

Sure, if it's a gray area. That's what I'm not convinced of, and why I'm asking questions. It should be pretty obvious at this point that we're committed to doing this above board, given that we filed and received a K-1 instead of just getting married on the VWP.

Oh I'm not passing judgment. Please don't think that.

I guess...because of our situation where we are 'trapped' in AOS...I'm more nervous than some here of every little nuance wherein someone could later come back, point a finger and use that as a reason to deny the AOS.

Edited February 25, 2007 by rebeccajo

[Kez/JWolf 6]

Sure, if it's a gray area. That's what I'm not convinced of, and why I'm asking questions. It should be pretty obvious at this point that we're committed to doing this above board, given that we filed and received a K-1 instead of just getting married on the VWP.

Your statement would imply that doing AOS from VWP is not above board???? can you show me any evidence for your statement....

Kez