CAN WORK ON K1

[derek 0]

okay so went to apply for my social security turns out on a K1 visa you are automatically allowed to work for those first 90 days while the k1 is still valid why does everyone say you are not allowed you are not supposed to get the stamp you are just allowed to work look in the document that you need to print out and take with you when getting your social security K1 is definately listed under DO NOT NEED SPECIFIC INS AUTHORIZATION TO WORK so i guess this means i better start looking for a job

http://policy.ssa.gov/poms.nsf/36f3b2ee954...b4?OpenDocument

that is the link to the document showing that K1 visa holders allowed to work

[Kez/JWolf 6]

Happy Job Hunting... lets just hope your EAD is in your hands before your 90 days has expired....

That is the main reason people dont try to find a job on a K1. 90 days up.. no ead yet... have to stop working...

oh well

Good Luck

Kezzie

[damulag 26]

Then you need to get the potential employer to accept the document, I bet most will not.

Mike and Luvy

[I'm Gone 60]

that is the link to the document showing that K1 visa holders allowed to work

OK for about the millionth time that is SSA procedure for assigning SSNs.

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of

admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are

authorized to work in the U.S. without specific authorization from DHS.

The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

------------------------------------------------------------------------------------------------------------------------

this is the one that counts

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment.

(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;

Edited February 1, 2006 by mdyoung

[Jasman0717 8]

Happy Job Hunting... lets just hope your EAD is in your hands before your 90 days has expired....

That is the main reason people dont try to find a job on a K1. 90 days up.. no ead yet... have to stop working...

oh well

Good Luck

Kezzie

ditto - 90 days just seem to fly by in an instant

[meauxna 15]

derek,

Suggest you review form I-9, which employers must complete at your hiring.

[Yodrak 7]

derek,

Yes, a K1 is allowed to work. But without an EAD that shows they are allowed to work, an employer is not allowed to hire them.

Yodrak

okay so went to apply for my social security turns out on a K1 visa you are automatically allowed to work for those first 90 days while the k1 is still valid why does everyone say you are not allowed ...l

[ufkenmill 0]

From the SSA website:

"C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS.

!!!!*********The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD. *********!!!!

For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.

FO: Ask the alien which he/she is and see RM00203.500C.2. and RM 00203.500C.3. if the alien is the spouse or child.

Class of Admission

Description

A-1*

Ambassador, public minister, career diplomat or consular officer

A-2*

Other foreign government official or employee

A-3*

Attendant, servant, or personal employee of principal A-1, or A-2

C-3*

Foreign government official in transit through the U.S.

E-1*

Treaty trader

E-2*

Treaty investor

E-3* Treaty trader in a specialty occupation

F-1

Academic student - for on-campus employment, and DSO authorized off-campus practical training. (See RM 00203.470)

G-1*

Resident representative of recognized foreign member government to an international organization

G-2*

Other temporary representative of recognized foreign member government to an international organization

G-3*

Representative of unrecognized or nonmember foreign government to an international organization

G-4*

Representative of international organization (officer or employee)

G-5*

Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4

H-1B

Worker in a specialty occupation

H-1C

Registered nurse

H-2A

Agricultural worker

H-2B

Non-agrarian seasonal worker

H-3

Trainee

I*

Foreign information media representative

J-1

Exchange visitor (pursuant to an approved program) (See RM 00203.480)

K-1

Fiance(e) of U.S. citizen

L-1

Intracompany transferee

NATO-1 through 6*

NATO officer, representative, or personnel

NATO-7*

Attendant, servant, of personal employee of principal NATO-1 through 6

O-1

Alien with extraordinary ability in sciences, arts, education, business or athletics

O-2

Alien accompanying O-1

P-1

Internationally recognized athlete or entertainer in an internationally recognized group

P-2

Artist or entertainer in an exchange program

P-3

Artist or entertainer in a culturally unique program

Q-1

Cultural exchange visitor

Q-2

Irish Peace Process Cultural and Training Program Visitor

R-1

Religious worker with a nonprofit religious organization

TC

Professional business person, United States-Canada Free Trade Act (FTA)

TN

Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA)

Refugee

Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA) (provision of law: 274a.12(a)(3))

Asylee

Asylee under 208 of the INA (provision of law: 274a.12(a)(5) for grantee or 274a.12©(8) for applicant) "

********************************************************************************

****

Yodrak, it looks like you are allowed to work on a K-1 without an EAD from this. What's your take?

Edited February 3, 2006 by ufkenmill

[gcox457 0]

ufkenmill,

you've quoted a page from the SSA handbook regarding policies for issuing social security cards, and that's the only environment that its binding on. That is generally not going to cut it for employment, as the I-9 requires proof of authorization of employment. That's why having the stamp is important for those people actually wanting to work during those 90 (actually, less) days...although my theory is that the work authorization is attached to the k-1 for the sole purpose of getting a SSN since it is required in some states for marriage. Being able to actually work on the work status incident to the K-1 is just a bonus.

While it's true that work status is 'automagically' attached to the K-1 status, finding an employer willing to hire without the EAD stamp, when the social security card clearly is marked to the effect that it is valid for work only with DHS authorization, might be pretty tough for most people.

[Yodrak 7]

Ken,

Read MDYoung's post earlier in this thread.

Then read I-9, its instructions, and its FAQ.

The SSA makes policy relevant to its areas of responsibility. The requirements for employers to document the employability of their employees is not an SSA area of responsibility or an area of SSA authority.

Yodrak

From the SSA website:

....

********************************************************************************

****

Yodrak, it looks like you are allowed to work on a K-1 without an EAD from this. What's your take?

[Yodrak 7]

Ken,

See also my previous post in this thread, which addresses your question.

Yodrak

Ken,

Read MDYoung's post earlier in this thread.

Then read I-9, its instructions, and its FAQ.

The SSA makes policy relevant to its areas of responsibility. The requirements for employers to document the employability of their employees is not an SSA area of responsibility or an area of SSA authority.

Yodrak

From the SSA website:

....

********************************************************************************

****

Yodrak, it looks like you are allowed to work on a K-1 without an EAD from this. What's your take?