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Wife denied job even with EAD

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Filed: K-1 Visa Country: Philippines
Timeline

My K-1 wife with EAD was denied a job because she is not a US citizen. Is it legal to deny a job to someone who is here legally with an EAD?

They said that to her? Dang. No its not unless of course it requires a specific reason for national security...clearances and such. Contact bbb.

Edited by Shauneg
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Filed: Citizen (apr) Country: Iran
Timeline

Depends on the job. Most jobs do not require citizenship but some defense contractors, government jobs, and such require citizenship. If this is not the case I would make a discrimination complaint against them.

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Filed: AOS (apr) Country: Cyprus
Timeline
Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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She told them she is here legally and has her EAD. They said "sorry, we're only looking for US citizens".

Can you tell us what type of job she applied for? Like others said, there is jobs that require the applicant to be a US citizen.

21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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Filed: AOS (pnd) Country: Australia
Timeline

Then no, it was not legal for them to do so. Contact the people higher up and if they don't have higher up, contact the BBB. I'm sorry this happened to her :/

This journey isn't easy...we went over many hurdles along the way... We are together now, 4 years going strong... It's never impossible, it is a matter of having the strength and love to conquer all things along the way! 

 

 

(K-1 Process)(I 601 Waiver Process)(AOS, EAD & AP)

June 13th 2015- Filed 1-129f

June 19th 2015- NOA1 Received!

July 21st 2015- NOA2 Received!

August 10th 2015- NVC Received!

August 17th 2015- Case # Received over phone!

August 21st 2015- Embassy in Sydney Received!

August 27th 2015- Packet 3 Received!

August 29th 2015- Police Fingerprinting Done!

September 1st 2015- Packet 4 Received!

September 15th 2015- Interview in Sydney!

September 18th 2015- Medical in Brisbane!

September 23rd 2015- Letter from Medical Received!

October 17th 2015- CEAC changed to refused 

October 17th - November 10th 2015- emails and phone calls placed to embassy to inquire on our case

November 12th 2015- Email from embassy confirming refusal with news that we qualify for a waiver!

November 18th 2015- Received package from embassy on our denial and waiver information

March 7th 2016- I-601 Waiver overnighted to lockbox

March 8th 2016- I-601 Waiver delivered to lockbox and received (According to Website)

March 12th 2016- I-601 Waiver received (Text and email message verifying)

November 2016- Sent inquiry on I-601 (Was told it was still in line, contact in 60 days if no decision made)

January 31st 2017- Called NCSC to talk to tier 2 officer. Was informed it was with an officer and a decision should be made in 15 days

February 9th 2017- USCIS updated our case to approved! (February 8th was the date listed) 

February 12th 2017- Received updated instructions

February 13th 2017- Received official approval letter in the mail/ Booked medical in Brisbane. 

February 20th 2017- Medical in Brisbane

February 27th 2017- Picked up Medical Packet

February 28th 2017- Second interview and immediate approval! 

March 6th, 2017- K-1 Visa Issued

March 16th 2017- He arrives home : POE LAX 

May 27th 2017- We are finally married! 

June 13th 2017- AOS, EAD and AP go out in the mail

June 19th 2017- NOA 1 for AOS, EAD and AP 

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from K-1 Process forum to the Working & Traveling forum -- topic involves work. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Legally able to work is legally able to work. Provided it's not one of the small number of jobs for which US citizenship is a requirement (such as defence contractors, certain government jobs, and others) then it is not legal to deny someone employment based on their immigration status or nationality if they are authorised to work.

File a complaint with the Office of Special Counsel For Immigration-Related Unfair Employment Practices (http://www.justice.gov/crt/office-special-counsel-immigration-related-unfair-employment-practices) and you will likely see movement very quickly.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Other Country: England
Timeline

This matter was discussed over many pages on a thread quite recently I posted a few times to, but can't find it exactly now, but I would try searching.

Long and short is that yes for some jobs they can require citizens only. For most jobs they cannot, and it is specifically spelled out in federal law that employers cannot discriminate against a legal immigrant with work authorization just because he/she isn't a US citizen. If there is no good reason for this job to require it, she very likely has a discrimination case. She should get a written explanation from them with which she can leverage better behavior out of them, otherwise they may just go back on what they said and blame it on something else.

Good luck!

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Filed: Citizen (apr) Country: Canada
Timeline

Yes, as noted there are positions which require US citizenship, She should move on and find a better company anyway. Was the requirement on the job ad?

from the link above:

1) Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees.

Employers may not treat individuals differently based on citizenship or immigration status. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. Exceptions: permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination. Citizenship status discrimination which is otherwise required to comply with law, regulation, executive order, or government contract is permissible by law.

Edited by Udella&Wiz

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: AOS (apr) Country: Philippines
Timeline

She told them she is here legally and has her EAD. They said "sorry, we're only looking for US citizens".

I don't think that citizenship is a protected class under discrimination laws, so my thought is that yes, they can choose to not hire her.

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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Filed: AOS (apr) Country: Philippines
Timeline

This matter was discussed over many pages on a thread quite recently I posted a few times to, but can't find it exactly now, but I would try searching.

Long and short is that yes for some jobs they can require citizens only. For most jobs they cannot, and it is specifically spelled out in federal law that employers cannot discriminate against a legal immigrant with work authorization just because he/she isn't a US citizen. If there is no good reason for this job to require it, she very likely has a discrimination case. She should get a written explanation from them with which she can leverage better behavior out of them, otherwise they may just go back on what they said and blame it on something else.

Hmm, my understanding was different. But I don't think that an employer is doing anything illegal when refusing to hire someone on the basis they are not a US citizen as it isn't a protected class for discrimination:

Citizenship Requirements

Discrimination based on citizenship violates Title VII's prohibition against national origin discrimination under limited circumstances. While Title VII does not prohibit citizenship discrimination per se, citizenship discrimination does violate Title VII where it has the "purpose or effect" of discriminating on the basis of national origin.(53) For example, a citizenship requirement would be unlawful if it is a "pretext" for national origin discrimination, or if it is part of a wider scheme of national origin discrimination.(54)

An employer doesn't have to give you a reason as to why they did not hire you, other than saying they don't think you are a fit for the position. Employers that list specific reasons are exposing themselves to potential lawsuits.

But in this case, again, I don't think that the employer is required to hire anyone who is not a US citizen.

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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Filed: AOS (apr) Country: Philippines
Timeline

Yes, as noted there are positions which require US citizenship, She should move on and find a better company anyway. Was the requirement on the job ad?

from the link above:

1) Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees.

Employers may not treat individuals differently based on citizenship or immigration status. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. Exceptions: permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination. Citizenship status discrimination which is otherwise required to comply with law, regulation, executive order, or government contract is permissible by law.

Ah, IRCA is what addresses this issue, not Title VII. I learned something new today!

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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