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USCIS clarifies policy on EAD’s for K-1 visa holders

On Behalf of | Apr 23, 2015 | Uncategorized

AILA Doc No. 15042032
Dated April 16, 2015

In order to obtain evidence of employment authorization, a fiancé(e) should file for employment Authorization with the USCIS Service Center having jurisdiction over their place of residence no more than 90 days after admission to the United States. If the applicant establishes that they qualify for the employment authorization category under 8 CFR §274a.12(a)(6), a secure Form I-766 Employment Authorization Document (EAD) is produced and sent to the applicant. The secure Form I-766 prevents misuse by unauthorized individuals. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. This EAD cannot be renewed. Any EAD application for other than a replacement document must be filed based on your pending application for adjustment under the (c)(9) employment authorization category.

An EAD presented to an employer establishes both evidence of employment authorization and identity for purposes of Employment Authorization Verification (Form I-9). Forms I-94 indicating K-1 employment-authorized nonimmigrant status are sufficient evidence of employment authorization for Form I-9, Employment Eligibility Verification, purposes (under List C). No additional endorsement on Forms I-94 by CBP or on K-1 nonimmigrant visas by DOS is necessary.