Need SSN for K3
Oct 3rd 2003, 7:16 am
#16
K1 via London
Joined: Sep 2003
Location: Atlanta, Georgia
Posts: 1,959
Re: Need SSN for K3
Originally posted by Michael D. Young
Where on the SSA Website does it say anyone can work without an EAD? What
specifically does the receipt you received from SSA say?
Where on the SSA Website does it say anyone can work without an EAD? What
specifically does the receipt you received from SSA say?
A. INTRODUCTION
INS determines whether an alien can work in employment/self-employment in the U.S. Under certain circumstances, INS gives nonimmigrants permission to work. Some aliens have employment authorization by virtue of their alien classification. Others must apply for employment authorization. Still others are not allowed to work while in the U.S.
...
C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION
The following policy applies to employment authorization by class of admission.
1. Aliens Work Authorized Without Specific INS Authorization
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.
For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.
K-1 Fiance(e) of U.S. citizen
And my receipt said that I need authorization from the BCIS in order to work (sorry, I don't have it in front of me to tell you what specifically it said).
Oct 3rd 2003, 7:25 am
#17
Member
Joined: Apr 2001
Posts: 14,049
Re: Need SSN for K3
Steffi,
Yessss....... But you didn't answer Mike's question - where does it say that one can work without an EAD?
There's a difference between being employment authorized and having an employment authorization document. In order to work, one must be able to show an employer an EAD. See BCIS Form I-9.
I explained this in a post earlier in this thread.
Yessss....... But you didn't answer Mike's question - where does it say that one can work without an EAD?
There's a difference between being employment authorized and having an employment authorization document. In order to work, one must be able to show an employer an EAD. See BCIS Form I-9.
I explained this in a post earlier in this thread.
Originally posted by Steffi
Well on the SSA website (http://policy.ssa.gov/poms.nsf/lnx/0100203500) it states:
A. INTRODUCTION
INS determines whether an alien can work in employment/self-employment in the U.S. Under certain circumstances, INS gives nonimmigrants permission to work. Some aliens have employment authorization by virtue of their alien classification. Others must apply for employment authorization. Still others are not allowed to work while in the U.S.
...
C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION
The following policy applies to employment authorization by class of admission.
1. Aliens Work Authorized Without Specific INS Authorization
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.
For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.
K-1 Fiance(e) of U.S. citizen
And my receipt said that I need authorization from the BCIS in order to work (sorry, I don't have it in front of me to tell you what specifically it said).
Well on the SSA website (http://policy.ssa.gov/poms.nsf/lnx/0100203500) it states:
A. INTRODUCTION
INS determines whether an alien can work in employment/self-employment in the U.S. Under certain circumstances, INS gives nonimmigrants permission to work. Some aliens have employment authorization by virtue of their alien classification. Others must apply for employment authorization. Still others are not allowed to work while in the U.S.
...
C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION
The following policy applies to employment authorization by class of admission.
1. Aliens Work Authorized Without Specific INS Authorization
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.
For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.
K-1 Fiance(e) of U.S. citizen
And my receipt said that I need authorization from the BCIS in order to work (sorry, I don't have it in front of me to tell you what specifically it said).
Oct 3rd 2003, 7:36 am
#18
K1 via London
Joined: Sep 2003
Location: Atlanta, Georgia
Posts: 1,959
I guess that's another thing I didn't realize: that there's a difference between employment authorization and the EAD.
Oct 3rd 2003, 8:25 am
#19
K1 via London
Joined: Sep 2003
Location: Atlanta, Georgia
Posts: 1,959
Re: Need SSN for K3
Ok, I have to backtrack again real quick and I feel like I'm starting to get on people's nerves about this (sorry *L*)...BUT let me point out this sentence again:
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.
...because that states that you don't need an EAD, does it not?
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.
...because that states that you don't need an EAD, does it not?
Oct 3rd 2003, 9:49 am
#20
Member
Joined: Apr 2001
Posts: 14,049
Re: Need SSN for K3
Steffi,
I think we're getting into an issue of semantics here. What you are quoting from is the SSA' own policy for issuing SS cards. It says that a K1 is employment authoried. To get a SS card this is sufficient (as long as the SSA can verify that you're in K1 status using the SAVE database.
But as I stated in an early post in this thread, "The SSA can give your an SSN on the basis of your confirmed status as a K1, no EAD required. But an employer needs to see an EAD (see the I-9 Employment Eligibility Verification form). "
An employer cannot legally hire a K1 without seeing an EAD. Being employment authorized is not sufficient to gain employment. One must also be in possession of an employment authorization document. No document, no employment.
The SSA policy statement addresses only the issue of getting a SS card. You are trying to apply the SSA's policy to an area where it does not apply.
I think we're getting into an issue of semantics here. What you are quoting from is the SSA' own policy for issuing SS cards. It says that a K1 is employment authoried. To get a SS card this is sufficient (as long as the SSA can verify that you're in K1 status using the SAVE database.
But as I stated in an early post in this thread, "The SSA can give your an SSN on the basis of your confirmed status as a K1, no EAD required. But an employer needs to see an EAD (see the I-9 Employment Eligibility Verification form). "
An employer cannot legally hire a K1 without seeing an EAD. Being employment authorized is not sufficient to gain employment. One must also be in possession of an employment authorization document. No document, no employment.
The SSA policy statement addresses only the issue of getting a SS card. You are trying to apply the SSA's policy to an area where it does not apply.
Originally posted by Steffi
Ok, I have to backtrack again real quick and I feel like I'm starting to get on people's nerves about this (sorry *L*)...BUT let me point out this sentence again:
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.
...because that states that you don't need an EAD, does it not?
Ok, I have to backtrack again real quick and I feel like I'm starting to get on people's nerves about this (sorry *L*)...BUT let me point out this sentence again:
The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.
...because that states that you don't need an EAD, does it not?
Oct 3rd 2003, 1:42 pm
#21
Guest
Posts: n/a
Re: Need SSN for K3
Steffi wrote:
> Originally posted by Michael D. Young
> > Where on the SSA Website does it say anyone can work without an
> > EAD? What
> Well on the SSA website
> (http://policy.ssa.gov/poms.nsf/lnx/0100203500) it states:
> C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION
> The following policy applies to employment authorization by class of
> admission.
> 1. Aliens Work Authorized Without Specific INS Authorization
> The following lists nonimmigrants, by alien classification, who are
> authorized to work in the U.S. without specific authorization from INS.
> The alien’s I-94 will not have the INS employment authorization stamp and
> the alien will not have an EAD.
I guess we got mixed up on specifics. You were talking about the EAD card
and I was talking about employment authorization documents in general. For
people that do not need an EAD card or stamp, the I-94 with whatever work
authorized status is their employment authorization document, i.e. H-1B,
L-1, etc. Everyone needs some type of document for the I-9 showing work
authorization.
> And my receipt said that I need authorization from the BCIS in order to
> work (sorry, I don't have it in front of me to tell you what specifically
> it said).
That must be the SSA-5030 receipt. There is an SSA-5028 and SSA-5029 too.
Form SSA-5028 is issued to individuals who are allowed to work in the
United States.
Form SSA-5029 is issued to individuals who are not allowed to work in the
United States and whose card will bear the legend “NOT VALID FOR
EMPLOYMENT�.
Form SSA-5030 is issued to individuals who are allowed to work only with
authorization from the Immigration Department of Homeland Security (DHS)
and whose card will bear the legend “VALID FOR WORK ONLY WITH INS
AUTHORIZATION�.
> Originally posted by Michael D. Young
> > Where on the SSA Website does it say anyone can work without an
> > EAD? What
> Well on the SSA website
> (http://policy.ssa.gov/poms.nsf/lnx/0100203500) it states:
> C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION
> The following policy applies to employment authorization by class of
> admission.
> 1. Aliens Work Authorized Without Specific INS Authorization
> The following lists nonimmigrants, by alien classification, who are
> authorized to work in the U.S. without specific authorization from INS.
> The alien’s I-94 will not have the INS employment authorization stamp and
> the alien will not have an EAD.
I guess we got mixed up on specifics. You were talking about the EAD card
and I was talking about employment authorization documents in general. For
people that do not need an EAD card or stamp, the I-94 with whatever work
authorized status is their employment authorization document, i.e. H-1B,
L-1, etc. Everyone needs some type of document for the I-9 showing work
authorization.
> And my receipt said that I need authorization from the BCIS in order to
> work (sorry, I don't have it in front of me to tell you what specifically
> it said).
That must be the SSA-5030 receipt. There is an SSA-5028 and SSA-5029 too.
Form SSA-5028 is issued to individuals who are allowed to work in the
United States.
Form SSA-5029 is issued to individuals who are not allowed to work in the
United States and whose card will bear the legend “NOT VALID FOR
EMPLOYMENT�.
Form SSA-5030 is issued to individuals who are allowed to work only with
authorization from the Immigration Department of Homeland Security (DHS)
and whose card will bear the legend “VALID FOR WORK ONLY WITH INS
AUTHORIZATION�.
