Theodore Huang, Immigration & SSD Lawyer

USCIS released tips on preparing a work permit application on the I-765.

Fiancee visa applicants are often eager to begin working immediately upon entering the US. K-1 regulations do permit employment, K-1 visa holders have found it difficult to prove their employment eligibility get a social security number from the Social Security Administration. Most just wait until receiving their work permit card as part of applying for a green card.

To check out the work permit tip sheet, visit http://www.uscis.gov/ For help applying for a fiance(e) visa or green card, visit us at http://www.myfianceevisa.com/ or call us 626-771-1078.

Name spelling errors on immigration documents such as a work authorization card or permanent resident (I-551) card can cause problems for foreign nationals and green card holders. They can delay the start of work or being able to receive a benefit for inability to adequately prove one’s identity.  Therefore, it’s imperative that any misspellings on a USCIS document be corrected as soon as possible.

Contact the National Customer Service Center to begin the process of correcting the spelling error. They can be called at 1-800-375-5283.

Foreign fiancees who enter the US on the K-1 fiance visa are permitted to work incident to their K-1 status.  The problem is, sometimes the Social Security officer isn’t aware of this, nor are Human Resources managers.

For more information, email or call me.

Tracking your EAD Card

The USCIS Vermont Service Center provides the following information for work permit applicants:

While the VSC adjudicates the Form I-765, Application for Employment Authorization, the EAD (employment authorization document) card is not actually created at this location. All cards are created and mailed from our card production facility in Kentucky. In 2011 USCIS initiated the secure mail initiative in partnership with the United States Post Office (USPS). This partnership enables USCIS to confirm delivery of EAD cards. It also provides tracking information for all cards mailed from the card production facility.

Customers who receive notices of approval can contact USCIS’s National Customer Service Center at 1-800-375-5283 and obtain their tracking number and current delivery status. Customers should wait two weeks before calling as delivery can take that long. Once customers have that tracking number they can track their card on the USPS website. It should be noted that any inquires regarding lost cards will be processed using the information on the USPS website.

Work permits and fiancee visas

K-1 fiancees who enter the U.S. are permitted to work incident to their K-1 status. This requires submitting an application for a work permit (aka, “employment authorization document”) to the USCIS. The problem with this process is that the USCIS takes 90 days, sometimes even longer, to review the work permit application and manufacture  the work permit. Since the K-1 is permitted to hold K-1 status for only 90 days in the U.S., the foreign fiancee cannot realistically obtain work authorization during the period he/she is in K-1 status.

The American Immigration Lawyers Association has pointed out this difficulty to the USCIS at a recent CBP meeting. Unfortunately, the response from the USCIS was only that the work permit application must be completed and submitted for the K-1 to receive work authorization. Stay tuned for any developments with this difficulty. Hopefully the USCIS will recognize the position it puts applicants in and provide an alternative, faster option to receive authorization to work.