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bluebelle

company will not accept me

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Filed: K-1 Visa Country: China
Timeline
UNLESS STATED! Any government job will NOT allow you to work w/o being a US Citizen as well as most airlines that fly internationally.

They dont want to risk it and if they state that on the application they give you then it is and you can't do #### all about it.

This is great! I didn't realize that, as an employer, I could exempt myself from the laws of the US merely by stating so on the employment application! I guess it's like a signing statement for employers!

I'm revising my application right now to exempt myself from all US laws. Thanks for the heads up!

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There are jobs out there that will not hire unless you're a citizen, or even jobs out there that will not hire you unless you're a permanent resident.(For example, you have to be a citizen to work for USCIS). Are you saying that what those employers are doing is illegal? No it is not illegal. That is all I said by the fact that it doesn't fall under "employment discrimination". Before we all jump on that bandwagon, and tell the OP to sue because she's been discriminated, perhaps the OP can enlighten if the company he/she is applying for has any such policy on the books...to only hire residents.

-P

There are no jobs out there that are for permanent residents that a work authorized alien can do. A job is either for a US Citizen (in which case it's not covered by immigration law because that doesn't apply to citizens) or it's for anyone work authorized. Any jobs you have seen that state you need to be a US Citizen or a green card holder are either ignorant to immigration terminology (they actually mean you need to be legal to work) or they are in direct violation of the INA.

Any policy they may have "on the books" like that is an illegal one, and I'd highly suggest the OP take it further if she feels she was wronged. More often than not, situations like this occur because the employer doesn't understand the difference in work authorized alien and green card holder.

K-1 Visa Process.

===========

See my timeline

AOS Process

========

01/23/08 - AOS Package mailed to Chicago Lockbox

01/25/08 - NOA1 for I-485, I-765 and I-131

02/15/08 - Biometrics for I-485 and I-765

02/18/08 - I-485 transferred to CSC

02/21/08 - I-485 & I-765 touched

03/11/08 - I-131 approved

03/18/08 - I-765 approved

03/19/08 - EAD arrives

03/20/08 - AP arrives

03/27/08 - I-485 touched

04/11/08 - I-485 touched (case received at CSC)

04/13/08 - I-485 touched

06/07/08 - I-551 Card production ordered

06/13/08 - Welcome Letter arrives

06/16/08 - I-551 Card arrives

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Filed: Citizen (pnd) Country: Ireland
Timeline
hello,

I feel devastated, the company i dream of working for will not accept me eventhough I have a I-766 card whch is the EAd card because they are looking for my green card or I551 stamp......:(

I explained to them but i guess they wont accept it :( :( :(

I understand the felling! Just after I got my stupid EAD I interviewed for a job, actually a government job :lol: well long story short they only seemed interested in during that interview was my "citizenship status". They had no idea what an EAD was or anything like that and mentioned a few times about another employee they had who had to go home due to immigration issues. I told them I had a valid EAD, SSN and would have the GC soon but.. I might as well told them I could fly! :lol: I didn't get hired and I've a very strong feeling it was because I wasn't a citizen and didn't have the magical green card and they where too stupid to know what an EAD was and because one of the idiots they did hire was a "friend". Actually it turns out (from what I've read) they had no place even asking these questions during the interview, b@stards!

Anyway I applied for another dept even though it wasn't in my field and the hiring manager had been overseas quite a bit and guess what they understood that the other idiots didn't... I got a job but not the job I wanted in a different dept in the same stupid building. Every now and then I see that "person" that went on and on about citizenship and I have to admit I'd really like to smack them in their face for the crime of being stupid! I've even met the some of people that filled the positions I applied for.. majority are very good, professional and can do the job.. so I did think well maybe I just wasn't a good candidate.. but one I did meat however.. well they haven't a clue. :bonk: No way should they have been hired!

Keep searching, if they are too stupid to know the difference then you don't need to work for em anyway.

Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

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Filed: Country: Canada
Timeline

Here's something regarding some government jobs and non citizens.

http://www.usajobs.gov/EI9.asp

Employment of Non-Citizens CONSIDERATIONS

Only United States citizens and nationals may be appointed in the competitive civil service; however, Federal agencies may employ certain non-citizens who meet specific employability requirements in the excepted service or the Senior Executive Service. Several factors determine whether a Federal agency may employ a non-citizen. They are: Executive Order 11935 requiring citizenship in the competitive civil service, the annual appropriations act ban on paying aliens from many countries, and the immigration law ban on employing aliens unless they are lawfully admitted for permanent residence or otherwise authorized to be employed. EXECUTIVE ORDER 11935 ON THE COMPETITIVE CIVIL SERVICE

Under Executive Order 11935, only United States citizens and nationals (residents of American Samoa and Swains Island) may compete for, and be appointed to, competitive service jobs. With Office of Personnel Management approval, agencies are permitted to hire non-citizens when there are no qualified citizens available. A non-citizen hired in the absence of qualified citizens may only be given an excepted appointment, and does not acquire competitive civil service status. He or she may not be promoted or reassigned to another position in the competitive service, except in situations where a qualified citizen is not available. The non-citizen may be hired only if permitted by the appropriations act and the immigration law.

EXCEPTED SERVICE AND SENIOR EXECUTIVE SERVICE

Some Federal agencies (among them the United States Postal Service, the Tennessee Valley Authority and the Federal Bureau of Investigation), and some types of positions (for example, lawyers and chaplains) are exempt from competitive civil service hiring requirements. (Federal Employment Fact sheet number 6, EI-6, addresses the topic of "Excepted Service Employment.") An agency may hire a qualified non-citizen in the excepted service or Senior Executive Service, if it is permitted to do so by the annual appropriations act and the immigration law and the agency's specific laws and internal policies.

Many agencies have executive level positions in the Senior Executive Service.

APPROPRIATIONS ACT RESTRICTIONS

Congress prohibits the use of appropriated funds to employ non-citizens within the United States. Certain groups of non-citizens are not included in this ban. They are:

  • Persons who owe permanent allegiance to the United States (for example, natives of American Samoa and Swains Island).
  • Aliens from Cuba, Poland, South Vietnam, countries of the former Soviet Union, or the Baltic countries (Estonia, Latvia, and Lithuania) lawfully admitted to the United States for permanent residence.
  • South Vietnamese, Cambodian or Laotian refugees paroled into the United States after January 1, 1975.
  • Nationals of the People's Republic of China who qualify for adjustment of status pursuant to the Chinese Student Protection Act of 1992.
  • Citizens of Ireland, Israel, or the Republic of the Philippines.
  • Nationals of countries currently allied with the United States in a defense effort, (as determined by the Office of the Assistant Legal Adviser for Treaty Affairs, Department of State).
  • International broadcasters employed by the U.S. Information Agency.
  • Translators employed temporarily.
  • People employed up to 60 days on an emergency basis in the field service.

Also, some agencies are exempt from these restrictions. Although the above groups are not prohibited from being paid from agency appropriated funds, group members are still subject to the requirements of Executive Order 11935 listed above and to the immigration law as summarized below.

IMMIGRATION LAW REQUIREMENTS ON EMPLOYING CITIZENS AND ALIENS

For any work to be performed in the United States, immigration law requires private and public employers to hire only individuals who are eligible to be employed. Those individuals are:

  • A citizen (either by birth or naturalization) or national of the United States,
  • An alien assigned by the U.S. Citizenship and Immigration Services (CIS), Department of Homeland Security, to a class of immigrants authorized to be employed (aliens who are lawfully admitted for permanent residence by INS are the largest class of aliens in this category), or
  • An individual alien who is expressly authorized by CIS to be employed.
Questions about an individual's citizenship, nationality, immigration status, and eligibility for employment under the immigration law, should be directed to the local CIS office. Although an alien may be authorized to work under the immigration laws, he or she is still subject to the requirements of Executive Order 11935 and appropriations act restrictions as stated above.

EMPLOYMENT INQUIRIES

A non-citizen should contact the agency in which he or she is interested, concerning questions of employment eligibility.

Additional information about citizenship in Federal employment is on the U.S. Office of Personnel Management Web site at www.opm.gov. Click on the Subject Index Tab, then Citizenship, Requirements for Employment.

AS OF: 01-07-2008

Edited by KarenCee

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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Its not only the confusion that arises cause you mention the acronym EAD that messes them up, but they see an expiration on that card, and for some, its not that far away. An employer doesn't want to go through the mess of hiring someone, training them, getting them all set up, and by the time the worker gets good at what they do, the EAD will be about to expire and they may have to be let go. The whole HR process (recruiting, hiring, training is quite expensive & time consuming for a company) While we on VJ know that a GC will most likely be there before the EAD expires, or a new EAD in its place, all this immigration stuff is viewed as a "hassle" for an employer. So they say "thanks, but no thanks" and move on to a candidate that has an easier immigration set up... a GC.

It's for this very reason, I told my husband to stop telling people at interviews he had an EAD. If they asked him about a GC, he answered, "Yes, I'm legally authorized to work". Which is the correct answer, and for the interview stage is enough info they need anyway. If you get hired, then you can battle the EAD because its a legal document they have to accept.

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Filed: K-1 Visa Country: Wales
Timeline

Post offce will not accept EAD, has to be GC.

Better spend your time looking for another position, they do not need to give a reason not to hire you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Post offce will not accept EAD, has to be GC.

Better spend your time looking for another position, they do not need to give a reason not to hire you.

The Post Office would be a federal job, and thus only open to US Citizens. Even green card holders can't work in a federal position.

K-1 Visa Process.

===========

See my timeline

AOS Process

========

01/23/08 - AOS Package mailed to Chicago Lockbox

01/25/08 - NOA1 for I-485, I-765 and I-131

02/15/08 - Biometrics for I-485 and I-765

02/18/08 - I-485 transferred to CSC

02/21/08 - I-485 & I-765 touched

03/11/08 - I-131 approved

03/18/08 - I-765 approved

03/19/08 - EAD arrives

03/20/08 - AP arrives

03/27/08 - I-485 touched

04/11/08 - I-485 touched (case received at CSC)

04/13/08 - I-485 touched

06/07/08 - I-551 Card production ordered

06/13/08 - Welcome Letter arrives

06/16/08 - I-551 Card arrives

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Filed: Timeline
Post offce will not accept EAD, has to be GC.

Better spend your time looking for another position, they do not need to give a reason not to hire you.

The Post Office would be a federal job, and thus only open to US Citizens. Even green card holders can't work in a federal position.

Yeah the federal government doesn't hire just anyone. LOL

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Filed: Citizen (pnd) Country: Poland
Timeline
Post offce will not accept EAD, has to be GC.

Better spend your time looking for another position, they do not need to give a reason not to hire you.

The Post Office would be a federal job, and thus only open to US Citizens. Even green card holders can't work in a federal position.

If you read post #19 carefully you will see that yoy can work for a Post Office or FBI also Tennessee something

AOS from B-2

08/05/08 I-485 filed

02/03/09 CGC received

12/09/10 I-751 filed

04/07/11 GC received

11/1/11 N-400 filed

02/24/12 USC

In Polish only. Sytuacja polityczna w Polsce:

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Post offce will not accept EAD, has to be GC.

Better spend your time looking for another position, they do not need to give a reason not to hire you.

The Post Office would be a federal job, and thus only open to US Citizens. Even green card holders can't work in a federal position.

If you read post #19 carefully you will see that yoy can work for a Post Office or FBI also Tennessee something

From the US Postal Service:

Employment Requirements

Citizenship

Employees must be a United States citizen, a lawful permanent resident alien (i.e., possession of a “green card”), a citizen of American Samoa or any other territory owing permanent allegiance to the United States. Individuals solely granted asylum status, refugee status or conditional permanent resident status are not eligible for Postal Service employment.

Frpm the FBI Careers page:

"I am a citizen of another country. May I apply?

No. All FBI employees must be United States citizens. If you are a U.S. citizen and hold dual citizenship with another country, the FBI Security Division will have to review your file to make a determination if you are eligible for employment with the FBI."

AOS

Date Filed: 2008-08-27

NOA Date: 2008-09-02

Bio. Appt.: 2008-09-18

AOS Transfer: 2008-09-22 to CSC; 2008-11-25 to local office

Approval/Denial Date: 2009-02-10 card production ordered

Greencard Received: 2009-02-20

Removal of Conditions

Date mailed: 2010-11-12

NOA Date: 2010-11-15

Approved: 2011-04-28 card production ordered

Received card: 2011-05-04

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