ITAR regulations

[Russel1995 163]

Searching for work for my wife.  My boss let me know shed be able to work where I work as soon as they start hiring again.

 

Going to apply i noticed this,

 

Technically she wouldnt qualify?  we are awaiting the Adjustment of status on the K1.  She got her EAD this past week. 

[Nitas_man 3,100]

She would be eligible under EAD

[Russel1995 163]

11 minutes ago, Nitas_man said:

She would be eligible under EAD

Ahh that was my guess when i saw it.  That sucks.  oh well, after her green card is approved it will be a career lined up if needed.

[Nitas_man 3,100]

2 minutes ago, Russel1995 said:

Ahh that was my guess when i saw it.  That sucks.  oh well, after her green card is approved it will be a career lined up if needed.

What sucks?  She WOULD BE eligible as an EAD card holder.

[Russel1995 163]

1 minute ago, Nitas_man said:

What sucks?  She WOULD BE eligible as an EAD card holder.

Oh lol.  I read "not eligible".

 

 

THAT ROCKS!

[Jöla 27]

On 3/30/2020 at 8:17 AM, Nitas_man said:

She would be eligible under EAD

I am glad to hear this, but I'd be interested to learn what basis you are making that statement on. Do EAD holders legally count as LPRs already?

 

[Nitas_man 3,100]

3 hours ago, Jöla said:

I am glad to hear this, but I'd be interested to learn what basis you are making that statement on. Do EAD holders legally count as LPRs already?

 

Anyone authorized to work is authorized for a SS card

K1’s are temporarily authorized under a special category, but once the visa is expired they have to bring an EAD in to apply for a SS card

K3’s - not authorized until EAD is approved

IR1/CR1 immediately authorized

[Jöla 27]

19 hours ago, Nitas_man said:

Anyone authorized to work is authorized for a SS card

K1’s are temporarily authorized under a special category, but once the visa is expired they have to bring an EAD in to apply for a SS card

K3’s - not authorized until EAD is approved

IR1/CR1 immediately authorized

First, thank you for this summary! It actually clears up some things for me that I was confused about until now.

 

However, this thread is on ITAR-restricted jobs (International Traffic in Arms Regulations). Being authorized to work / holding a SSN and card does not automatically mean you are authorized to perform this kind of work. For example, if you are on F-1 OPT, or on a J-1 visa with work authorization, or on an H-1B, you are NOT authorized for ITAR-restricted work since you are neither a citizen nor a LPR.

The question that remains is, as someone entering on K-1, then filing for AOS and having EAD in hand, what category do you fall under?

[Nitas_man 3,100]

18 hours ago, Jöla said:

First, thank you for this summary! It actually clears up some things for me that I was confused about until now.

 

However, this thread is on ITAR-restricted jobs (International Traffic in Arms Regulations). Being authorized to work / holding a SSN and card does not automatically mean you are authorized to perform this kind of work. For example, if you are on F-1 OPT, or on a J-1 visa with work authorization, or on an H-1B, you are NOT authorized for ITAR-restricted work since you are neither a citizen nor a LPR.

The question that remains is, as someone entering on K-1, then filing for AOS and having EAD in hand, what category do you fall under?

Oops.  My bad

 

A K1 visa holder holding an EAD card and authorized to work pending adjustment of status to LPR does not fall under the definition of “US person” 

 

Simplest summary I could find for you.  

 

https://www.export.pitt.edu/overview/export-definitions/us-person-vs-foreign-person

 

Source is 22CFR - have fun here

 

https://www.law.cornell.edu/cfr/text/22/120.15

Edited May 9, 2020 by Nitas_man