Integrity Legal

Those who read this blog with any frequency may have taken note of the fact that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) for the various relevant visa categories. To quote directly from the official website of USCIS:

Those researching American family based visas such as the K-1 visa and the IR-1 visa are asked to note that the estimated processing times noted above do not include the processing time for the National Visa Center (NVC) and the consular processing times for each US Embassy or US Consulate abroad.

For related information please see: US Visa Thailand.

Tags: advance parole, CR-1 Visa, CR-1 Visa Process, EB-5 Visa, Employment Authorization Document, IR-1 Visa Process, K-1 Visa, K-1 Visa Process, K-3 Visa, K-3 visa process, L-1 visa, United States Citizenship and Immigration Service, USCIS, USCIS Processing Time, USCIS Processing Times
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For those who follow this blog with any degree of regularity it may have noticed that the administration routinely posts the updated processing times for the United States Citizenship and Immigration Service (USCIS). To quote directly from the official website of USCIS:

It should be noted that these processing times only represent the processing times for USCIS. During the US visa process, an applicant for, say, a K-1 visa (US fiance visa) or a CR-1 visa (or any visa which requires an approved immigration petition) must undergo Consular Processing following USCIS approval. Therefore, in most cases the approved petition will be sent to the National Visa Center (NVC) before being forwarded to the US Embassy or US Consulate with appropriate jurisdiction. Meanwhile, those who utilize Direct Consular Filing methods or submit an I-130 petition with USCIS abroad should disregard the times noted above as they only pertain to USCIS Service Centers in the USA.

For related information please see: US Embassy Thailand or Consular Processing.

Tags: advance parole, CR-1 Visa Processing Time, CR-1 Visa Thailand, EB-5 Visa Processing Time, Employment Authorization Document, I-129f Processing Time, I-130 Processing Time, IR-1 Visa Processing Time, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Processing Time, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, L-1 Visa Processing Time, United States Citizenship and Immigration Service, us embassy thailand, US Visa Process, USCIS, USCIS Processing, USCIS Processing Times
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For those who bring a foreign fiance or fiancee to the United States of America, an often asked question is: “What if my fiancee wants to work in the USA prior to her adjustment of status?” The answer to this question is somewhat complicated. When a foreign fiancee or spouse enters the United States on a non-immigrant K1 visa or K3 Visa, the entrant is generally not authorized to take up employment in the USA until that alien either adjusts status to permanent residence (Green Card) or obtains employment authorization. Recently, the United States Citizenship and Immigration Service (USCIS) announced that, in an effort to decrease immigration fraud, new Employment Authorization Documents are to be issued. The following is a direct quote from USCIS’s official statement:

U.S. Citizenship and Immigration Services (USCIS) today announced that it has revised the Employment Authorization Document (EAD), or Form I-766, to incorporate the addition of a machine-readable zone on the back of the card.. This update to the EAD is part of USCIS’s ongoing efforts to deter immigration fraud. Starting May 11, USCIS began issuing the revised EAD cards. The machine-readable zone is compliant with International Civil Aviation Organization standards. USCIS also removed the two-dimensional bar code on the backside of the card and moved the informational box of text to just beneath the magnetic stripe on the card. The revised card retains all of its existing security features.

In most cases, foreign fiancees or spouses of US Citizens opt to wait for permanent residence before taking up employment. However, in some instances this is not the case as there are increasing numbers of foreign fiancees and spouses who work for multi-national companies. These international businesses sometimes wish to have their non-US Citizen employee start work in the USA as soon as they can. Therefore, there are situations in which speedy employment authorization is a necessity.

In the past, K3 Visa holders could seek employment authorization at the port of entry when they entered the USA. As the K-3 Visa is being increasingly phased out, this method of receiving employment authorization is being employed less frequently. Another issue that often arises in the context of Employment Authorization is that of advance parole. Holders of a US fiance visa cannot leave the United States prior to adjustment of status and simultaneously maintain their lawful K1 status unless they apply for, and receive, an advance parole travel document.  In some cases, couples making an application for advance parole will also make an application for an EAD in order to work in the USA.

Tags: advance parole, AP, EAD, Employment Authorization Document, Fiance Visa Thailand, I-766, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, United States Citizenship and Immigration Service, US Fiance Visa Thailand, USCIS
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | 3 Comments »

The K-1 visa is a very popular visa for Thai nationals who have a US Citizen loved one. The US Embassy in Bangkok processes a large number of fiance visa cases each year. Many of those who apply for a United States K-1 visa have questions about their status once they reach the USA. In most cases, the answers are cut and dried, but there are some questions that have more nuanced answers.

Many people who travel to the United States on a K1 visa seem to immediately ask the question: Can I work now that I’m here? The answer to that question would be a qualified “yes.” Under the relevant provisions of 8 CFR 274a.12(a)(6), a K-1 visa holder may be entitled to apply for what is known as work authorization. Work authorization is sometimes referred to as a “work permit.” Similar to a work permit in Thailand, the work authorization document in the United States must be obtained by petitioning the United States Citizenship and Immigration Service (USCIS).

The work permit’s technical name is: Employment Authorization Document (EAD). There are those who are under the mistaken impression that work authorization is a right. In fact, under current United States Immigration laws the K-1 visa holder is not entitled to work authorization as a matter of right, but is simply entitled to submit an application for said status.

A downside of obtaining an Employment Authorization Document while in K-1 status is the fact that the Employment Authorization only lasts as long as the applicant is in K1 status. So it is subject to expiration as soon as the K-1 visa holder’s status changes. This results in employment authorization that lasts for a negligible duration. In most cases, obtaining Work Authorization is often not a net benefit to the prospective applicant except in certain rare circumstances.

That being said, there are other methods of gaining work authorization. A possibly more beneficial option for the prospective work authorization applicant would be to submit an EAD petition in conjunction with an I-485 petition for adjustment of status to lawful permanent residence (green card). This method is advantageous because the fee for the Employment Authorization Document is included in the adjustment fee and the result is a net reduction in expenses. Also, the Employment Authorization Document will be valid for one year.

Further, A Thai spouse of a US Citizen present in the United States on a non-immigrant K-3 visa is eligible for work authorization. In the case of the J-1 visa and F-1 visa, the visa holder may be able to obtain a work permit depending upon the situation. Although, particularly in the case of the US Student Visa, work authorization will be severely restricted.

All of this being said, it should be noted that once the K-1 visa holder successfully adjusts status to permanent residence they will have a green card and be legally allowed to work in the United States of America.

(This post is meant for educational purposes only. No Attorney-Client relationship is formed by reading this content.)

Tags: American Visa Thailand, EAD, Employment Authorization, Employment Authorization Document, F-1 Visa Thailand, J-1 visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa Thailand, Work Authorization, Work Permit
Posted in Adjustment of Status, F1 Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Visa Thailand | No Comments »