Clean-up of USCIS on K-1 Work Authorization from Folinskyinla
Sep 8th 2006, 1:58 pm
#1
Concierge
Thread Starter
Joined: Apr 2001
Posts: 46,399
Clean-up of USCIS on K-1 Work Authorization from Folinskyinla
Third, the Ombudsman recommends that USCIS amend the regulations such that K-1 nonimmigrants are not subject to breaks in employment authorization.
Pursuant to 8 C.F.R. 5 214(d) and 8 C.F,R. § 274a.l2(a)(6), USCIS currently provides employment authorization to K-1 nonimmigrants for duration of status of up to 90 days, upon approval of an application for employment authorization (Form 1,765). Such employment authorization is discretionary in nature and is not mandated by statute.
Employment authorization for K-1 nonimmigrants is not granted automatically incident to status, and once obtained, the employment authorization cannot be extended beyond the 90-day duration of status.
Accordingly, K-1 nonimmigrants seeking adjustment of status to permanent residence as a spouse of a U.S. citizen must submit a separate application for employment authorization once they file for adjustment.
USCIS does not consider automatic employment authorization for K-1 nonimmigrants to be consistent with the intent of the underlying benefit. The K-1 nonimmigrant visa is designed to enable an alien with a bona fide intention to marry a U. S. citizen to enter the United States and enter into a valid marriage in the United States within 90 days after the alien's arrival. (See 8 C.F.R. § 21qd)).
Thus, the purpose of the K-1 visa is to provide a family-based benefit in facilitating marriage between a foreign national and a U.S. citizen. Its purpose is not to provide an avenue for employment within the United States.
This interpretation is supported by the short 90 day duration of the K-1 nonimmigrant visa with no opportunity for an extension. By contrast, granting employment authorization automatically to K-1 aliens appears to conflict with the temporary, nonimmigrant and family-based nature of the K-1 visa. USCIS instead plans to propose to eliminate employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent of the K- 1 visa.
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Pursuant to 8 C.F.R. 5 214(d) and 8 C.F,R. § 274a.l2(a)(6), USCIS currently provides employment authorization to K-1 nonimmigrants for duration of status of up to 90 days, upon approval of an application for employment authorization (Form 1,765). Such employment authorization is discretionary in nature and is not mandated by statute.
Employment authorization for K-1 nonimmigrants is not granted automatically incident to status, and once obtained, the employment authorization cannot be extended beyond the 90-day duration of status.
Accordingly, K-1 nonimmigrants seeking adjustment of status to permanent residence as a spouse of a U.S. citizen must submit a separate application for employment authorization once they file for adjustment.
USCIS does not consider automatic employment authorization for K-1 nonimmigrants to be consistent with the intent of the underlying benefit. The K-1 nonimmigrant visa is designed to enable an alien with a bona fide intention to marry a U. S. citizen to enter the United States and enter into a valid marriage in the United States within 90 days after the alien's arrival. (See 8 C.F.R. § 21qd)).
Thus, the purpose of the K-1 visa is to provide a family-based benefit in facilitating marriage between a foreign national and a U.S. citizen. Its purpose is not to provide an avenue for employment within the United States.
This interpretation is supported by the short 90 day duration of the K-1 nonimmigrant visa with no opportunity for an extension. By contrast, granting employment authorization automatically to K-1 aliens appears to conflict with the temporary, nonimmigrant and family-based nature of the K-1 visa. USCIS instead plans to propose to eliminate employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent of the K- 1 visa.
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Sep 8th 2006, 5:06 pm
#2
Joined: Apr 2002
Posts: 35,082
Re: Clean-up of USCIS on K-1 Work Authorization from Folinskyinla
Originally Posted by Rete
USCIS instead plans to propose to eliminate employment eligibility for K-1 nonimmigrants, in order to be more consistent with the overall intent of the K- 1 visa.
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I mean hily-based.
