What is the name of your state? Indiana.
I have a question that I have thus far not found an answer for: Are INS
officers allowed to issue an interim employment authorization within 90
days of receipt of application for an EAD by the Nebraska Service Center
of US Immig. & Natz. Service?
The circumstances: I am a student on a J-1 visa. My wife is currently
working on a J-2, but her work authorization expires on October 29 and her
receipt only dates September 8th. Her employer needs her badly as there
are only 4 supervisors (she is one of them) and 2 have just transferred to
other positions. Also she would like to keep her job. We are trying to get
a temporary work authorization, but the INS officer in Indianapolis told
her, that he is by law not allowed to issue her that. But I believe
this is stated nowhere in the law. I called the Nebraska Service Center,
where the person on the other line (Jaqueline) said, it is up to the INS
officer to decide if the interim employment authorization should be
issued, after she interpreted what was written in the regulations. When I
requested this in writing she transferred me to an immigration Officer
(Officer Fox), who said that the INS officers are by law not allowed to
issue the temporary work permit. But nothing Officer Fox cited implied
this. Officer Fox cited 274a.13(d). I believe the way the INS
officers are handling this issue is a misinterpretation of this paragraph.
They make an "If and only if" out of "If... then...". In addition, people
with some sense should interpret it the other way and make exceptions
based on the situation.
Is there a way she can keep her job, or go to another legal
level in order to keep the job? I don't know, what to do. The only hope I
have is, that somebody in the INS (or office of homeland security) with
some power will be able to change this misinterpretation with a letter or
fax to the local INS office.
I have a question that I have thus far not found an answer for: Are INS
officers allowed to issue an interim employment authorization within 90
days of receipt of application for an EAD by the Nebraska Service Center
of US Immig. & Natz. Service?
The circumstances: I am a student on a J-1 visa. My wife is currently
working on a J-2, but her work authorization expires on October 29 and her
receipt only dates September 8th. Her employer needs her badly as there
are only 4 supervisors (she is one of them) and 2 have just transferred to
other positions. Also she would like to keep her job. We are trying to get
a temporary work authorization, but the INS officer in Indianapolis told
her, that he is by law not allowed to issue her that. But I believe
this is stated nowhere in the law. I called the Nebraska Service Center,
where the person on the other line (Jaqueline) said, it is up to the INS
officer to decide if the interim employment authorization should be
issued, after she interpreted what was written in the regulations. When I
requested this in writing she transferred me to an immigration Officer
(Officer Fox), who said that the INS officers are by law not allowed to
issue the temporary work permit. But nothing Officer Fox cited implied
this. Officer Fox cited 274a.13(d). I believe the way the INS
officers are handling this issue is a misinterpretation of this paragraph.
They make an "If and only if" out of "If... then...". In addition, people
with some sense should interpret it the other way and make exceptions
based on the situation.
Is there a way she can keep her job, or go to another legal
level in order to keep the job? I don't know, what to do. The only hope I
have is, that somebody in the INS (or office of homeland security) with
some power will be able to change this misinterpretation with a letter or
fax to the local INS office.