Work Permit (EAD) received. Denied job. Was told that I needed to have a greencard to work at that company.

[Brinuh 0]

I came to the US on a K1 Visa in December 2015 and married my spouse in January 2016. Immediately after marriage, I filed for my Adjustment of Status which inclued application to work (EAD).

I recently received my EAD/AP and have already started sending out job applications.

One employer called me today. She said she likes what she sees on my resume; however, she asked me what kind of visa I have. I told her K1 visa and that I have my work permit. She told me that it cannot work because the position is a permanent one and that I would have needed to at least have a greencard.

How true is this?

[phd1974 17]

Sounds about right ... depending on the employer. A work permit and a green card are separate things. When you offer a work permit, it is only temporary (short term) that usually expires after a year or even less in some cases. Some cases as less as 90 days.

It is up to the employer on whether they are accepting work permit applicants or not, because work permits do not necessarily say that you are planning on staying in the US especially since they are given out on only a short term basis.

you could still find jobs by only using your work permit until your AOS is processed. You just happened to run into an employer that did not accept work permit applicants.

Edited April 27, 2016 by phd1974

[NikLR 13,220]

You also need to be careful about applying for jobs once you get your green card as some jobs are only for USC.

~~moved to AOS from family based from K1 process and procedures~~

[Hypnos 6,576]

It is up to the employer on whether they are accepting work permit applicants or not, because work permits do not necessarily say that you are planning on staying in the US especially since they are given out on only a short term basis.

100% wrong.

"Authorised to work" means "authorised to work" - no ifs, buts, or maybes.

https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents you will note here that an EAD is a "List A" document, meaning it is acceptable for I-9 purposes for both identity verification and employment authorisation. Employers are not permitted to state that they will only accept certain types of documents to demonstrate employment authorisation. The employee selects which documents they wish to show (either one List A document, or one List B and one list C document).

It is considered employment discrimination to require certain documents.

https://www.uscis.gov/sites/default/files/USCIS/Verification/I-9%20Central/Form_I-9_Employee_Information_Sheet.pdf

"7. Which documents do I need to show my employer?

You need to show your employer documents from the “List of Acceptable Documents.” The List is part of Form I-9. You decide which document or documents to show from the List. Your employer cannot ask or require that you show a certain document." (emphasis mine)

OP, you should inform the employer of these requirements (they should know them already).

If you get nowhere with them, I would strongly encourage you to contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices.and inform them that your potential employer is requiring you to have a green card before you can begin employment.

A similar case came up on these forums around a year ago. After contacting this agency, the employer quickly backed down, and offered them the job. It's the law.

The only exception is that certain jobs can require US citizenship. These are typically with local, state, or the federal government. That does not seem to be the case here.

Edited April 27, 2016 by Hypnos

[Jawaree 717]

Some employees do not understand & very fearful of immigrations fines,

you could go by your local SS office & get a letter or scan & send ability to

work longterm to them...If they don't bite move on more offers will come...Please

remember never to tick USC on any W-9 good luck