Employment authorization with B1 visa

[Boiler 48,104]

It is a grey area.....

If you took it totally at face value in most cases the visa would be worthless if you had to have EAD before you started work.

As far as I know there is no case law.

How long will you be in the US?

[Teddy B 17,252]

It is a grey area.....

If you took it totally at face value in most cases the visa would be worthless if you had to have EAD before you started work.

As far as I know there is no case law.

How long will you be in the US?

Maybe the wording that USCIS uses is the way around actually having the EAD in hand? It does say that you must file form I-765, but it doesn't say that you must be approved and have it in hand.

Before you may commence employment in any of the above three activities, you will need to file Form I-765, Application for Employment Authorization. For more information on filing the Form I-765, see the “Work Authorization” page.

https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

Edited October 20, 2016 by Teddy B

[Beatrice14 0]

I will be here for 3 more months , so if the EAD takes 90 days I find it really pointless.

What`s your thought on it?

[Boiler 48,104]

In situations like this my supposition is most people do what is practical, logical.

I assume that this goes back to when you would get a stamp in your passport that served as an EAD, they stopped doing that and nobody joined up the dots or did not care about the ramifications.

You were admitted as B1 Nanny, I would not worry about it, nobody is going to care.

[rinimina 7]

Maybe the wording that USCIS uses is the way around actually having the EAD in hand? It does say that you must file form I-765, but it doesn't say that you must be approved and have it in hand.

Well, actually when you do get your approval notice, it DOES say that the notice itself isn't a work authorization and without the card, technically on hand, you aren't eligible to work.

[Villanelle 4,124]

B-1 attendant must obtain an EAD prior to commencing employment. Strangely enough, however, the EAD application cannot be filed until after the B-1 attendant enters the United States. The U.S. Citizenship and Immigration Services (USCIS) generally takes 60 to 90 days to process such an application, and there is no provision in the law for the attendant to begin work while the EAD application is pending. This can present a difficult situation for the attendant and the employer, as it means the attendant will likely be in the United States for 2 to 3 months, during which time the individual is prohibited from working.

https://www.murthy.com/2013/09/09/nonimmigrants-hiring-foreign-domestic-attendants/

[Teddy B 17,252]

B-1 attendant must obtain an EAD prior to commencing employment. Strangely enough, however, the EAD application cannot be filed until after the B-1 attendant enters the United States. The U.S. Citizenship and Immigration Services (USCIS) generally takes 60 to 90 days to process such an application, and there is no provision in the law for the attendant to begin work while the EAD application is pending. This can present a difficult situation for the attendant and the employer, as it means the attendant will likely be in the United States for 2 to 3 months, during which time the individual is prohibited from working.

https://www.murthy.com/2013/09/09/nonimmigrants-hiring-foreign-domestic-attendants/

Thanks Damara.