Which airports will issue a work authorization when entering on K1 visa?

Question

I read this:

* Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires.

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1flow

...but it doesnt list all the airports...only jfk. does anyone know how i can find a list of airports? i'm looking for one in SoCal

How about if the person arrives in NY on a layover and then applies for a permit and flies to CA?

Any info is appreciated! =)

Answer 1

The most regularly reported airport that will issue with a category (a)(6) EAD stamp on your I-94 is JFK airport in New York. Some people have reported getting the stamp as Boston, and at border crossing from Canada. Most Point of Entries (POEs) no longer issue the temporary stamps, and advise you to file I-765 to get one. Since it can take up to 90 days to get this EAD and it's only good for 90 days, most people don't bother and wait for their AoS application to apply for their EAD.

The stamp acts as a 90 day Employment Authorization Document, in place of the EAD card you apply with using I-765 under category (a)(6). You still need to apply for a category (c)(9) when you file for AoS though.

If you do go through JFK, ask for the stamp when you are taken to secondary processing.

For people reading, some visa classes (such as the K class of visas) are work authorized incident of status. The Customs and Border Patrol are not awarding the employment authorization, they are merely documenting it on the visa holders I-94. The employment authorization was awarded at the time of visa approval, but the Code of Federal Regulations (CFR) Title 8, Section 274.a.12 states that although a K class holder is authorized to work, to seek employment they must possess documentary evidence of this status. This is done with either an I-766 Card (EAD Card) for category (a)(6), or with an EAD stamp on an I-94 stating the individual is the holder of a K class visa.

Category (a)(6) EAD is:

K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6).

File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under (c)(9).

This initial EAD can be applied for while still in K1 status. Once the 90 day validity of the K1 visa expires, so too does the validity of this employment authorization and the individual must then wait for their (c)(9) category EAD to be approved.

The (a)(6) category EAD does not instantly become invalid when you apply for the (c)(9) though, it becomes invalid on the printed expiration date (which will be the expiration date of your K1 status).

Answer 2

You file for your work permit along with your greencard application after you have got married.  The whole point of the affidavit within the K1 application is so that your spouse can support you whilst you are not working.

Answer 3

What Knight said is a very good detailed answer to your question.

I just want to add that I too got my work authorization stamp on the back of my I-94 when I passed immigration at JFK airport. However, due to problems with applying for SSN (my name wasn't in their computer, thus needed to be verified with Dept. of Homeland Security). With all that, my work authorization was pretty much useless since I can't use it.

I'd be better to just do a waiting period especially if you're new to the country. I mean settle down, then decided if you want to apply for EAD with your AOS application. That's what I did and we decided to just applied for a regular AOS without the EAD & AP (Advance Parole).

Good luck!

Answer 4

No airport can issue work authorization.

- You need to apply it saparetely.