niemand

Hi,
I entered the US through JFK, NY on a K-1 visa in Dec 2005 and got the "Employment Authorized " stamp on my I-94. I'm trying to assume employment now using the stamp but the lawyer of my employer is saying that the stamp on the I-94 is not a valid form of employment authorization document. He says per regulations, I have to apply for the employment authorization document. Does anyone have any experience with this or can anyone pinpoint me to the USCIS source where it says that the stamp is a valid proof of employment authorization?

Thanks for your help,
Niemand

jeffreyhy

Niemand,

I can't, but even if I could a USCIS FAQ or information statement may not satisfy an attorney whose job is to protect the company from violating the law requiring that an employer document the employment status of its employees.

Most likely, this attorney is going to want to see something in the law or the CFR that says the stamp is an acceptable EAD - and it appears that he's already read the relevant law or regulations and hasn't found it himself.

Regards, JEff

Noorah101

Hi Niemand,

If your employer doesn't accept the work authorization stamp, you will most likely have to wait until you get your 1-year EAD card, after filing AOS. It takes about 3 months from filing to receive it. If you were to try and get the actual card which the stamp you have now represents, it would take just as long.

Best Wishes,
Rene

grouchy

8 cfr 274a.12(a)(6) does not specify the stamp, but since it deals with alien fiances, who are only work authorized for 90 days, and EAD cards usually take around 3 months to process, it has been interpreted as including the stamp. The people on this forum when I had this issue, in 2003, were getting social security numbers by going into the SS office with a copy of EM-02091, an internal memo from the Social Security Administration, which talks about K-1s being work authorized and thus able to get a SSN.

Rete

And then the issue is what does the company do when the stamp expires? The OP will not be allowed to continue working so it is a deadend deal having the work authorization stamp in many cases.

Noorah101

Exactly. I can see why other POEs stopped giving the stamp. It might have worked well when they issued EAD's faster (before the 90-day stamp expired), or to get a temporary job to tide one over for the first 90 days here.

Rene

niemand

Well, the project I would be working on is only temporary and the 90-day period would suffice.. they just simply won't accept the stamp as proof of employment authorization.

Noorah101

That's unfortunate. As far as I know, that stamp is equal to having the actual EAD card. But I don't know of a specific link to prove it.

Rene

Hypertweeky

I am so sorry to hear the bad news, you are authorized to work but if your employer doesn't accept it, I am afraid you are gonna have to wait, It has happened to many of us here. Apply for the EAD asap, since you are a K1'er you will need to send it along with your AOS application.
I wish you the very best!!

niemand

Thanks people! It's really unfortunate. I had the project lined up and had everything planned out, then went out of my way to go through JFK to get the stamp. All of that for nothing....

Hypertweeky

It is unfortunate. When I first got my EAD I applied for a job at the post office, I received a call 3 days later, it was the HR manager, she asked me if I had a green card, I said no, but I have an authorization card, she said: Not good enough, give us a call when you get it. And that was it!!
I know how you feel!!

meauxna

Have you tried forwarding any of this information to the company attorney? The ref. to law and the SS memo?
It's hard to see how much of a discussion you've had with them about this.

Noorah101

Here's the link to the Memo issued by SSA regarding work authorization on K1 entry:

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

Especially this part is of interest:

"INS issues EADs to all aliens regardless of age with work authorization except for lawful permanent residents, legalization aliens with I-688s, and those nonimmigrant aliens whose work authorization is incident to their class of admission.

The I-688B is a standardized and uniform document which provides evidence of authorization for the alien to accept temporary employment in the U.S. It replaces the “employment authorized” stamp previously placed on other INS documents issued to nonimmigrants."

Rene

niemand

I did. I pointed out the information on the I-9 form http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf

The form lists the following as a Group A document that establishes both identity and employment authorization: "Unexpired foreign passport, with I-551 stamp or attached I-94 indicating unexpired employment authorization." The unexp foreign passport and the I-94 indicating employment authorization are exactly what I have.

he quoted the following regulations:

8 CFR §214.2(k)(9) Employment authorization. An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay. K-1/K-2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to §274a.12(a)(6) of this chapter.

8 CFR §274a.12(a)(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancée 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

He emphasized the part "MUST apply, with fee, ..." (first paragraph) and
"evidenced by employment authorization document issued by the Service" (second paragraph).

though I would construe the stamp on the I-94 to be a valid form of the second item (employment authorization document issued by the Service).

niemand

If it says "it replaces the 'employment authorized' stamp ...," does that mean that the stamp is no longer a valid proof of work authorization?
Also, can someone tell me what has precedence, a document issued by the SSA or one issued by the USCIS? how do those two agencies relate?
Thanks!