Jump to content
Sign in to follow this  
rudemood412

Have ss and EAD -denied employment because not US citizen

19 posts in this topic

Recommended Posts

Told by a companies HR dept. they could not hire me because i am not a US citizen after explaining i had authorization to work. Is this legal? Job did not require security clearance or any such thing. My husband does not think this is legal and believes that HR rep is just ignorant of the EAD. Anyone have any knowledge about this or a similar experience?

Share this post


Link to post
Share on other sites

Some companies prefer to hire US citizens over green card holders.

Its normal, I guess, nothing illegal about it. My LPR hubby also encountered the same thing, and he has a 10-yr GC from his father's F2B petition.

Share this post


Link to post
Share on other sites

Unless on the job posting it says something like only open to US Citizens or something like. If it does not say anything like that then I would say they do not know the exact wording of the I-9.


AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

Share this post


Link to post
Share on other sites

There are other conditions that require employees to be USC's and it is legal to use this as a hiring guide. It would be illegal to use race, religion or sexual orientation ( although there are exceptions to even this )


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

Actually, that is indeed illegal.

In order to avoid accusations and litigation, most employers just ask candidates if they are "authorized to work" in the United States. Only after a person has been hired, he or she has to fill out the I-9 form and provide proof of (1) identity and (2) authorization to work.

Of course, any interview offers the opportunity to learn about the prospective new employee and dismiss him or her in a friendly manner without telling much. Like: "thank you for coming; we'll make a decision eventually and if you may or may not get a call from us."

Openly stating that somebody is not being hired because of their citizenship or immigration status, is pretty stupid. If you have proof for this, you have a case for a discrimination lawsuit.

Wrong even the janitor at my work must be a USC. It is fine to restrict US jobs to USC as long as there is a valid reason. Programming companies do it all the time.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

They can restrict who they hire it is not discrimination if they have a valid reason. ITAR regulations restrict my company from hiring non citizens however some people get confused on the ITAR definition of Citizen. Under this regulation a resident alien or permanent resident are still considered USC by definition for employment purpose. Maybe the HR person does not have allot of experience or knowledge of the laws. Just because someone is working in HR it does not mean that is their primary job. I would contact them and ask them specifically what regulation they are using to make that restriction. Ask politely and tell them it is for future job hunts not to waste your time applying somewhere that you would not be eligible. If you want you can private message me with their reason I can see if it makes since. I have been in Human Resources for over 13 years...


event.png

event.png

Share this post


Link to post
Share on other sites

They can restrict who they hire it is not discrimination if they have a valid reason. ITAR regulations restrict my company from hiring non citizens however some people get confused on the ITAR definition of Citizen. Under this regulation a resident alien or permanent resident are still considered USC by definition for employment purpose. Maybe the HR person does not have allot of experience or knowledge of the laws. Just because someone is working in HR it does not mean that is their primary job. I would contact them and ask them specifically what regulation they are using to make that restriction. Ask politely and tell them it is for future job hunts not to waste your time applying somewhere that you would not be eligible. If you want you can private message me with their reason I can see if it makes since. I have been in Human Resources for over 13 years...

ITAR and security are 2 different things. And a permanent resident is NEVER a USC for either. You are thinking of the class of US person. A US person is a person who resides in the US with through citizenship or by means of a green card. They must also work for a US company to fall into the US person classification. A US citizen that live/works in another country ( even a US owned company) or who works for a non US company inside the US is NOT a US person for ITAR purposes. Being a USC IS a requirement for most security clearances ( there are waivers but they are extremely expensive to get and rarely granted unless you are on the level of a super genius) Many subcontracters actually limit their employees to USC's also so that they can more easily position themselves to win contracts and pass security requirements. There are also certain employement programs that pay the employer to employ persons in certain classes and these sometimes exclude non USC's If you look at the fedjobs listings almost every job requires US citizenship even things like forest service laborors


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

http://www.usccr.gov/pubs/uncsam/complain/employ.htm

Immigration Status

If you are an employee hired after November 6, 1986, your employer must be able to prove that you are legally authorized to work in the United States and will ask you to present documentation showing that you have work authorization. However, an employer cannot single you out to require employment verification because you are of a particular national origin group or you appear not to be a citizen. Neither can an employer require that you be a U.S. citizen, or generally give those who are U.S. citizens a preference in hiring or employment opportunities, unless there are legal or contractual requirements that mandate he or she do so. It is illegal for an employer to discriminate against legal aliens merely because they look like noncitizens or in fact are not citizens or because they have a particular type of work authorization.

Under immigration law, individuals who charge discrimination on the basis of national origin against employers with 4 to 14 employees or on the basis of citizenship status against employers with fewer employees should file a complaint within 180 days of the date of the alleged unfair immigration-related employment practice with the Office of Special Counsel for Immigration Related Unfair Employment Practices in the Department of Justice.

For more information about immigrants’ employment rights, contact:

U.S. Department of Justice

Office of Special Counsel for Immigration Related Unfair Employment Practices

950 Pennsylvania Avenue, NW

Washington, DC 20530

(202) 616-5594

Employer hot line: (800) 255-8155

Employee hot line: (800) 255-7688

Fax: (202) 616-5509

www.usdoj.gov/crt/osc

Edited by Kazulie

HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

Share this post


Link to post
Share on other sites

With outsourcing to cheaper labor rate locals many available jobs are still in the US because they do have the requirement that the person be a USC and those jobs can't be exported to a pennies on the dollar labor rate location. As soon as the work comes under ITAR EAR or security it is nearly impossible to have non US citizens about. Then there are all the jobs posted on USJOB, most of those are restricted to USC's because of the source of the money. It is completely legal to create a job where one of the funding requirements state that only a USC can be paid using the funds available. Seeing the OP hasn't been back I am willing to bet he applied somewhere that clearly stated you needed to be a USC and thought a green card got him by that. Hopefully it wasn't a fed job and he didn't tick off USC on the application or he just lost his chance of ever being an USC ( false claim of citizenship )


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

File a complain to your know the answer , there's some job posting they want USC , some of them are not.


USAR

Oct.8 2009 - arrived in USA (CR1 visa)

Nov. 2009 -- GC for 2 yrs received

Jan. 2010 -- DL issued

May. 2011 --- graduated for my bachelor degree

Sept. 1, 2011 --- Driver License Renewed ( till 2017)

NO removal condition

Citizenship

Oct. 2011-------- Filed N400

Jan. 2012 ------ Biometrics and Interviewed at same time

Jan. 17 2012 ---- Sworn In

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×