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ResourcesVisa & Immigration LawUS Immigration Law"Work Permits" for K-1 Visa Holders in the United States?

"Work Permits" for K-1 Visa Holders in the United States?

Transcript of the above video: 

As the title of this video suggests, we are discussing, well the notion of a "Work Permit" pertaining to a K-1 Fiancé Visa. For those who are unaware, it is possible for American citizens to petition for a fiancé(e) to come to the United States for the sole purpose of marrying them and adjusting the status to Lawful Permanent Residence in the United States aka Green Card status. 

That said, a question arises with regard to "okay what happens if my fiancé gets into the United States, they passed through Immigration, they are now in their lawful presence for 90 days. I'm filing for adjustment of status. What if I want them to work or what if they want to work?" It is possible to obtain what's called an Employment Authorization Document. This could be akin to what we would call here internally in Thailand a "Work Permit". This would allow that individual to work while awaiting their adjustment to Lawful Permanent Residence. 

It's worth noting, those who enter the United States in a CR-1 or an IR-1 Visa, they are going to be granted Lawful Permanent Residence from the moment of entry and those folks are going to have the ability to work basically from the moment they enter the United States. Those who hold a K-1 Fiancé Visa however, hold a Non-Immigrant Visa, it does not have the inherent right to work associated with it; it does require adjustment of status. So those who are looking to work subsequent to their arrival in the United States on a Fiancé Visa, will need to obtain an Employment Authorization Document otherwise known as an EAD sometimes referred to as a Work Permit before being able to undertake employment in the United States of America.