Categorized | Work Permit

Employment Authorization Document

Employment Authorization Document

The right to work in the United States is granted only to the US citizens. However, there are some instances wherein the law relaxes itself to give way for visitors to have the benefit of being employed.

K1 visa and Employment Authorization Document

One of the questions commonly asked by holders of US K1 visa or the so called fiancé visa is “Am I allowed to work in the United States?”  The answer there is yes but only after they receive an Employment Authorization Document (EAD for brevity). The EAD is synonymous to a working permit and is issued by the United States Citizenship and Immigration Services.

Two Ways of Getting a Work Permit

The K1 visa holder has two options in getting a permit. He or she may either apply as soon as possible, upon entry in the US or apply after the marriage.
Though the first option is favorable to those who are rushing to be employed, if he or she has the luxury of time, it is not very advisable. The lifespan of the EAD for K1 visa holders is contingent to the 90 day validity of the visa and the status as a fiancé. Once the he or she marries the petitioner US fiancé(e) or after the lapse of the visa validity, the EAD automatically expires.

The second option involves the filing of the EAD using the form I-765 along with the application for the Adjustment of Status and Legal Permanent Residence. The validity period of the EAD requested in this mode is normally for one year. Moreover, the amount that will be needed, in sum, is actually cheaper since the filing fee for the EAD is already integrated in the fee for the permanent residence.

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