K1 Employment Authorization

[john_and_marlene 162]

http://a257.g.akamaitech.net/7/257/2422/01...pdf/07-5790.pdf

It appears that an unexpired I-94 with a K1 visa will now be able to seek employment without the employment authorization stamp. The newly published I-9 instructions have the following acceptable documentation under List A:

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

[YuAndDan 153]

Yep, noticed that a week or so ago.

I suspect they knew that that it was taking too long to get EAD card based on K-1, and that most POE do not do EAD stamp.

[Nina+Matt 0]

so what excactly does that mean?

can i apply for jobs and get employed as long as my I-94 is valid even though i dont have my ead yet? i entered through jfk, so i have a temp work permit! can i go on working if my I-94 runs out?

[john_and_marlene 162]

so what excactly does that mean?

can i apply for jobs and get employed as long as my I-94 is valid even though i dont have my ead yet? i entered through jfk, so i have a temp work permit! can i go on working if my I-94 runs out?

Work authorization did not change. If your I-94 runs out and you don't have an EAD yet, you are no longer work authorized. The change just means you don't need the temp work stamp from JFK to satisfy the I-9 documentation requirements.

[Kez/JWolf 6]

so what excactly does that mean?

can i apply for jobs and get employed as long as my I-94 is valid even though i dont have my ead yet? i entered through jfk, so i have a temp work permit! can i go on working if my I-94 runs out?

Work authorization did not change. If your I-94 runs out and you don't have an EAD yet, you are no longer work authorized. The change just means you don't need the temp work stamp from JFK to satisfy the I-9 documentation requirements.

I agree it just meens you no longer need an actual EAD or stamp to be able to satisfy the requirements of the I-9... it should make it much easier for K1's who need to work when they first get here.... but yes their EA will end on the day the I-94 expires so no change there....

Kez

[rebeccajo 14]

Does it?

I'm seriously wondering (by the wording) if the bearer of the I-94 has to be specifically authorized to work for THAT employer.............

[athena_ny 1]

Does it?

I'm seriously wondering (by the wording) if the bearer of the I-94 has to be specifically authorized to work for THAT employer.............

The wording makes it appear that way...so I am wondering too ... Hrrrrm

[Kez/JWolf 6]

Yes its very confusing..... if you read the handbook it says that the term The Employer refers to any employer so still not very clear....

Kez

[payxibka 10,044]

Yes, those last three little words will fuel a series of additional debates on this topic....

[selly 0]

Irrespective, getting an employer to accept this little change will be next to impossible. It will not make that much of a difference either way to those looking for work.

[diadromous mermaid 36]

http://a257.g.akamaitech.net/7/257/2422/01...pdf/07-5790.pdf

It appears that an unexpired I-94 with a K1 visa will now be able to seek employment without the employment authorization stamp. The newly published I-9 instructions have the following acceptable documentation under List A:

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

Since when is a K-1 recipient following an 'employment-based' immigration path?

[diadromous mermaid 36]

The key, as I read it, is the further language and reference to 'employer-specific work authorisation'. This appears to me to be an addendum for employment-based non-immigrants.

USCIS also has amended the order and organization of List A to track the

regulations more directly.

For example, the various Employment Authorization Documents are listed together as one

category, and the unexpired foreign passport with temporary I–551 stamp is a separate entry from the unexpired passport with Form I–94 indicating an employer-specific work-authorized nonimmigrant status.

[Caladan 19]

Which would make sense in light of the recent attempts to punish employers for hiring undocumented workers and the backlog for EADs; it usually takes a couple weeks or months for someone with a work visa to get their social security number and official EAD card, so this seems to be just saying that it's okay to hire them as long as the visa is valid.

[Texanadian 10]

I wonder why they stopped giving out traditional 90 day work permits at the border?

[Caladan 19]

According to my chats with the border patrol people, they aren't under the same umbrella as USCIS any more. USCIS is what can grant an I-765, not them, so whether the POE can do it depends on whether they also basically have a service center there.