Discrimination EAD Card

[kzielu 1,147]

Hi VJ,

I recently accepted a job offer and have been through the drugs screen and reference check. These have all come back successfully. However, today I have been informed that they are only willing to hire someone who is a permanent resident. This was never communicated to me and my EAD card is still valid for another 9 months whilst I await my PR interview.

I researched online at USCIS and found this helpful information:

"Your employer MAY NOT:

• Refuse to accept your document or refuse to hire you because your document expires in the future.
• Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract."

To me this information seems to support my belief that I should not be discriminated against. However, I did call the worker hotline and speak to attorney who basically said it wasn't worth the hassle of pursuing it.

Has anyone else had a similar experience? And/or have and advice on this matter?

Thanks

Not sure what big company it is - I work for one too, deal with things that are under US export control regulations and they require to be permanent resident (at least) which without GC you are not. They will not violate the information you quoted and if that's the case you're not being discriminated against.

[oscar12 23]

Wow...That's a lot of money to be made...Make sure you talk to an Attorney and sue the company....That's a stack of money for you bro...

[Hotter Otter 1,211]

Are you able to take it higher within the company? Seems like someone doesn't know the rules and their boss/ corporate might be more reasonable and not want to have potentially broken the law.

That might be a better route to start with than threatening legal action; not the best way to start off a relationship with a new employer!

[Captain Thatch 4]

Wow...That's a lot of money to be made...Make sure you talk to an Attorney and sue the company....That's a stack of money for you bro...

From what OP said it is quite possible that the company has this policy in place to protect themselves from governmental prosecution for hiring illegal aliens. Sort of a zero tolerance policy if you will that hasn’t been fully vetted.

They may not be aware that they can in fact legally hire OP without putting themselves in a vulnerable position. This situation could be used as a teachable moment to educate them on the process so they don’t pass up other talented people in the future and make OP look like a valuable team player who wants to help the company.

But oh goodness no.. it’s a “Corporation” and therefore must be evil… lets’s hang em'!! and hang em' high!! Discrimination!!

Life is rough, get a helmet snowflake.

[Boiler 43,430]

Lawyer would cost at least $200 an hour, your money your choice.

[BritAbroad2015 61]

Thanks everyone for your responses. I really do hope its a case of naivety on the companies part, because I really want this job. But I guess it just shows that this process can always throw surprises at you, never in a million years did I anticipate this to happen.

It does sound like an extremely grey area, but I don't see a reason why this particular role would need me to be an American Citizen. Its been really interesting reading the cases and examples you have provided. I'm currently in limbo, I have a written email saying they need me to be a permanent resident and I've replied and am now waiting for a response. So I'll be sure to update you all when I hear back.

But in the meantime, if anyone can shed any further light on this situation or have examples where they've had successful employment on an EAD then I'd love to hear about it.

Thanks!!

[kzielu 1,147]

Thanks everyone for your responses. I really do hope its a case of naivety on the companies part, because I really want this job. But I guess it just shows that this process can always throw surprises at you, never in a million years did I anticipate this to happen.

It does sound like an extremely grey area, but I don't see a reason why this particular role would need me to be an American Citizen. Its been really interesting reading the cases and examples you have provided. I'm

You said permanent resident earlier, not american citizen. When I arrived here, worked on L-1B (being a transferee) - which would be equivalent to EAD - and had very limited access to most of the office areas and the information. Ability to work came only from the fact that company had its sites outside US and I was still formally employed there. Didn't get formally hired here until I got GC - all this was entirely legal.

if your case is somewhat the same, most of the stuff written in this thread is nonsense borderline actually funny. US export regulation with DoC and DoS are something no company is going to mess with as it can easily mean its end. Somebody's complaint about not being able to hired with EAD is completely unimportant in such case, but I feel for you especially if you're K-1 interview waiver person which means months of waiting for actual GC.

[BritAbroad2015 61]

Yes, sorry I did mean PR... that's what the company emailed me to say at least.

Thanks for info Kzieulu. Hmmmm, but surely they should have informed me before they sent me for a drugs test and called all my references. I've signed an offer letter, which simply just states I need to legally be allowed to work in the USA.

I completely understand that companies need to protect themselves, it just seems a little late in the process to inform me. Especially when I'm meant to be starting Monday and have turned down other jobs and interviews.

Yes, I'm K1 visa and called USCIS and they are still experiencing considerable delays apparently. So no interview in sight as of yet. I just expected EAD to allow me to work without a problem. Otherwise it seems kind of a redundant option???

[Wooderz 314]

I would not threaten legal action at this point. That will not make you any friends if you actually want to work there. You could kindly explain to them what your EAD is and that it's just as good as a GC for work authorization. But pushing them and threatening them is going to make them upset. I wouldn't want to work in an environment where you're starting off on that foot, if they do actually hire you.

[BritAbroad2015 61]

Thanks Wooderz. Yes, I don't want to cause any unnecessary animosity if I don't have to. Hopefully a simple explanation will suffice. As of yet no word from said company. I'm sitting here on the edge of my seat just waiting for a response. Hopefully they are just doing their research.

[tocca2015 24]

I would pursue it and push the issue BIG TIME...I work for a LARGE company as well and let me tell you somethign, HR doesn't know much!! (especially when it comes to immigration stuff). What they did is wrong and discriminatory and I would contact them again. You've received great advice here...

I would definitely push the issue...whats the worst that can happen? Nothing. And whats the best case scenario, they change their mind and do hire you. I've seen it happen...I'd explain that your Permanent Residency is pending and you are just as allowed to work in the US as anyone else.

Keep us posted. I think this will end well for you. Rooting for you!!!

Hi VJ,

I recently accepted a job offer and have been through the drugs screen and reference check. These have all come back successfully. However, today I have been informed that they are only willing to hire someone who is a permanent resident. This was never communicated to me and my EAD card is still valid for another 9 months whilst I await my PR interview.

I researched online at USCIS and found this helpful information:

"Your employer MAY NOT:

• Refuse to accept your document or refuse to hire you because your document expires in the future.
• Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract."

To me this information seems to support my belief that I should not be discriminated against. However, I did call the worker hotline and speak to attorney who basically said it wasn't worth the hassle of pursuing it.

Has anyone else had a similar experience? And/or have and advice on this matter?

Thanks

[Trenz 52]

As someone who is about to immigrate to the US and receive his EAD card, your story frightens me as it is a scenario that has played over and over in my mind. While I do believe that majority of employers are reasonable entities, there are some, such as the one you are talking about, that seem out of touch.

I would agree with most people here and at the very least reply to the HR department within the company and rationally explain to them that the EAD card essentially gives you the same employment opportunities as a green card. Perhaps send an email and/or appear in person with the relevant literature that clearly outlines what they are trying to do is illegal. Obviously you will want to word that differently, but be firm and take an informative (not combative) stance.

There could be some reasonable people within the HR department there that just may have been blissfully unaware that a company policy is in opposition to established laws. No company will wish to have a PR nightmare of discriminatory hiring practices on their hands.

Additionally, document each and every phone call and/or email between you and this company from here on in. If you wish to take action at a later date you will need proof of why they terminated your employment.

There is a reason why the EAD card exists and it is to ensure that those immigrants wishing to legally enter the workforce and become productive members of society can do so.

I can only wish you the best of luck. I truly believe this is something to pursue; if not for your own personal gain, for the collective gains of new immigrants who may find themselves in your position one day.

[BritAbroad2015 61]

Company just said this;

"Unfortunately we will not be able to move forward with the hire as we require the unrestricted right to work for this position and the EAD offers a temporary right to work."

Does anyone have any advice? I'm so upset because I feel so out of my league and not once was this mentioned. They just said I needed to legally be allowed to work.

Thanks

[Hypnos 6,576]

The links have already been posted earlier in the thread as to which federal agencies you should contact.

[Carl&Ellie 10]

I was fortunate enough to be interviewed for a position while my EAD was still pending - the HR department of my company were not familiar with the EAD or hiring people on the 'K-1' immigration path but were good enough to let me explain it in detail during the interview process. They kept the position open until my EAD came through and then hired me right away.

The thing you ought to refer this company to is the I-9 form - all employers have to complete this when hiring to prove that they have established the individual's right to work in the US. The wording at the top of the first page of the form instructions makes it very plain that they cannot make a hiring decision based on your immigration status, or because your document carries an expiration date. They cannot dictate to you which documents you have to show them to establish proof of your right to work in the US. You have to show them one item from 'list A' (establishes identity AND right to work), or one item from list B (to establish identity) AND one from list C (to establish work authorization). The EAD (form I-766) is actually number 4 on list A, since it proves your Identity (REAL-ID compliant) and your Work Authorization.

Good luck - if you don't hear something positive back, I would consider referring them to the OSC - Office of Special Counsel for Immigration-Related Unfair Employment Practices - 1-800-255-7688

Here is the link to the I-9 on USCIS website:

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf