Working as a K1 visa holder without EAD

[JonathanC13 36]

Hi VJ

I am a K1 visa holder awaiting EAD / AoS and have found this on the Social Security Administration website:

"The following chart lists, by COA code, non-immigrants authorized to work in the U.S. without specific authorization from DHS. The alien’s I-94 showing one of the following COAs has employment authorization unless otherwise noted. The I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

and then goes on to list many categories of immigrant including K1 visa holders - see section G here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420

Does anyone have experience of this? I am still a couple of months away from receiving my EAD if it is processed in line with what others here have posted, and the opportunity to start work earlier that that would be really helpful

Many thanks in advance

[Merrytooth 5,748]

You can't work without EAD. Period.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing aForm I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

Edited January 30, 2014 by Merrytooth

[Dave&Roza 748]

Hi VJ

I am a K1 visa holder awaiting EAD / AoS and have found this on the Social Security Administration website:

"The following chart lists, by COA code, non-immigrants authorized to work in the U.S. without specific authorization from DHS. The alien’s I-94 showing one of the following COAs has employment authorization unless otherwise noted. The I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

and then goes on to list many categories of immigrant including K1 visa holders - see section G here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420

Does anyone have experience of this? I am still a couple of months away from receiving my EAD if it is processed in line with what others here have posted, and the opportunity to start work earlier that that would be really helpful

Many thanks in advance

Here we go again. This has been discussed and debated to death in years past. First, you are looking at the SSA which is a different government agency than the USCIS. For the purposes of being able to get a SSN in the US, a K-1 visa holder is classified as an "ALIEN ALLOWED TO WORK" so you can apply for a SSN assuming you get a properly trained SSA employee. However, your SSC will have printed on it the following: "NOT VALID FOR WORK WITHOUT DHS AUTHORIZATION." So you need DHS authorization in order for your SSC to be valid for employment. What is that DHS authorization? The GC or EAD card obtained from the USCIS. Another thing to consider is that your prospective employer must complete the I-9 form for you in order to hire you. Which forms do you currently have in order for them to complete the I-9.

Basically it comes down to you need a single LIST A document or 2 of the LIST B documents. EAD and GC as well as a US passport fall into LIST A. SSC and state issued DL fall into LIST B. If your SSC has the restriction on it than you need a LIST A document for the SSC to be valid. So as a K-1 visa holder you need to apply for your SSC and have your EAD or GC in order to legally work in the US.

Dave

P. S. Here is another thread where I actually found the law governing this little issue: http://www.visajourney.com/forums/topic/279237-employment-authorized-written-on-back-of-i-94-form/?hl=%2Bworking+%2Bk%26amp%3B%2382081+%2Bvisa+%2Bauthorization#entry4248078

Edited January 30, 2014 by Dave&Roza

[carton025 38]

Like the abover poster stated, this subject has been discussed many many times. However, many people work in the US without permission. Examples include underage people, aliens, visitors, and so on... The way most people like this work in the US is on a "cash basis." These jobs typically include babysitting, house cleaning, raking yards, mowing grass, washing and/or cleaning cars/vehicles and the list can go on and on... Is this legal?, that would depend on your personal beliefs, morals, and definition of what is legal. But, this type of work occurs everyday. My gal worked all she wanted cleaning homes while awaiting her AOS petition to be approved and getting her EAD. I have no desire to debate this issue... This is just how it is.

Best of luck!

[KayDeeCee 4,891]

You cannot work without both the SSN and EAD or green card.

If you needed/wanted to work right after entry, then the K-1 was not a good visa choice for you. You should have married first and filed for the CR-1 spousal visa instead. That would have given you permanent residence status upon entrance and allowed you to work as soon as you received your SSN.

~ Moved from AOS from Family Based to Working & Traveling During US Immigration ~