penguinbar

Thanks, What happens if he gets a job while he has the temporary EAD and it runs out before the other one rrives? Will he just have to stop working? We want to do everything the right way

ian-mstm

Yes. As a practical matter though, any unauthorized work will be forgiven by USCIS since he's the spouse of a USC. The employer, however, may be liable if caught... but that still wouldn't affect him.

Ian

Just Jenney

Well... except that they might reconsider having him as an employee in that case. If I were caught and held liable because one of my employees shouldn't have been working for me once his/her work authorization expired, I'm not sure I'd want to keep that person around!

~ Jenney

ian-mstm

True... but since it would be the employer's fault, I'm not sure how it could come back on the employee. It is always the employer's responsibility to ensure that employees are authorized to work.

Ian

Folinskyinla

Hi:

The regulations allow a K-1 non-immigrant to work incident to status.

Section 214(b) of the Immigration & Nationality Act clearly states that a K-1 becomes an overstay only if they fail to marry the petitioner within 90 days. However, in enforcement of this provision, USCIS finds this section to be "unpersuasive" and they refuse to follow the language of the regulation. Apparently USCIS believes that its own "interpretation" trumps the express terms of the Immigration & Nationality Act.

Just Jenney

Here's an analogy for you:

Let's say you're a university student, and you and your friend are taking the same class. One day your friend is visiting your dorm room. You're writing a paper for that class and have your notes up on your computer monitor. You step out of the room for a few minutes to go to the bathroom down the hall. While you're gone, your friend sees your notes, decides to lift your thesis idea and submits a paper almost identical to yours. The professor accuses both of you of plagarism but your friend gets off because his dad works for the university. You, however, are put on academic probation because you didn't take the necessary steps to secure your notes before leaving to use the bathroom, therefore giving your friend the opportunity to plagarize your work.

Ok – it's not a perfect analogy, I know. But would you REALLY want to keep that person as a friend?!? I know I wouldn't!

~ Jenney

Knight

If an employer wasfined because they did not check/did nothing about work authorization status, is it a reason to dismiss the employee? They'd be opening themselves up for an unfair dismissal suit maybe?

Tracym

I'm not sure it would be considered unfair dismissal.

The employee would be (apparently knowingly) working there illegally.

It is NOT ok for the employee to do this - it's illegal for both employee AND employer. The only difference is, USCIS usually forgives the employee - but both were equally guilty to start.

So I can see that the employer wouldn't feel the employee was someone they coudl trust, if they knowingly put the employer into that position, figuring they temselves would get away with it.

In many (most?) states, you can be fired at will anyway.