Wife denied job even with EAD

[Pennycat 880]

In addition to the steps above, contact your local TV news affiliate. Do what you can to spin it about discrimination against legal immigrants, doing things the right way and still being punished --whatever soundbite works in your political climate, and throw in some kind of sob story.

[Udella&Wiz 325]

I wouldn't recommend doing that unless they can prove for sure there was discrimination. If she wants to throw her name out there as a 'difficult' person...throwing a company to the dogs who wouldn't accept her application is the way to go. Don't know if they're ina big town or a small town.

Why bother, move on....I had to skip all kinds of positions in my field when I first came because they required US citizenship...I didn't cry discrimination every time I saw it.

Anyway - hope the OP's wife finds another job to apply for.

In addition to the steps above, contact your local TV news affiliate. Do what you can to spin it about discrimination against legal immigrants, doing things the right way and still being punished --whatever soundbite works in your political climate, and throw in some kind of sob story.

Edited September 3, 2015 by Udella&Wiz

[Pennycat 880]

I wouldn't recommend doing that unless they can prove for sure there was discrimination. If she wants to throw her name out there as a 'difficult' person...throwing a company to the dogs who wouldn't accept her application is the way to go. Don't know if they're ina big town or a small town.

Why bother, move on....I had to skip all kinds of positions in my field when I first came because they required US citizenship...I didn't cry discrimination every time I saw it.

Anyway - hope the OP's wife finds another job to apply for.

If they flat out told her "we're looking for US Citizens only" and it is not the type of job that is legally permitted to draw that line (it's not--please read all the posts above) that that is the actual literal definition of discrimination and it is not OK.

I'd be MORE than happy to screw over any company that treats people like that, even at a bit of personal risk, but that's just me. (The chances that anyone remembers her in a week are nil, the chances that they remember the company are much higher). Hell, just have a friend call saying that they're doing an article for a local paper and ask the company for an on-the-record comment about why they won't hire foreigners. That could clear that right up. Honestly, you have to scare the snot out of people with their own livelihoods if they're ever going to change, and people who pull this kind of ####### *deserve it*.

If you're perfectly fine with being discriminated against based on your immigration status that is your choice. But you can't expect others to be the same.

[Udella&Wiz 325]

Don't think that's what I said, I was passing on a personal comment just as you did. The company can plead ignorance, deny they ever said it etc etc.. its a losing proposition. Review the company on Glassdoor though and mention this little item.

The OP should do as they wish

If they flat out told her "we're looking for US Citizens only" and it is not the type of job that is legally permitted to draw that line (it's not--please read all the posts above) that that is the actual literal definition of discrimination and it is not OK.

I'd be MORE than happy to screw over any company that treats people like that, even at a bit of personal risk, but that's just me. (The chances that anyone remembers her in a week are nil, the chances that they remember the company are much higher). Hell, just have a friend call saying that they're doing an article for a local paper and ask the company for an on-the-record comment about why they won't hire foreigners. That could clear that right up. Honestly, you have to scare the snot out of people with their own livelihoods if they're ever going to change, and people who pull this kind of ####### *deserve it*.

If you're perfectly fine with being discriminated against based on your immigration status that is your choice. But you can't expect others to be the same.

[luviscoming1 14]

An employer can choose to hire whom ever they please for various reasons but its discrimmination when they say out there mouth they choose not to hire you because you are not a US citizen. (unless its a government job)

There decision to NOT hire you can not be based upon your immigration status, race or religion.

[ExPatty 502]

Why bother, move on....I had to skip all kinds of positions in my field when I first came because they required US citizenship...I didn't cry discrimination every time I saw it.

Why? Because HR doesn't speak for the company. In my experience HR is full of bumbling fools and if his wife can get through them she may not even have to deal with them again and might lose out on a good job due to rolling over.

http://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

Your employer MAY NOT: ...

• Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract.

So there it is. Employer cannot willy nilly say they are limiting the job to US citizens.

There is a number on that link if you feel you're being discriminated against. In the other thread I posted in about this some time ago the guy called them and they were quite responsive and helpful.

The company can plead ignorance, deny they ever said it etc etc..

Absolutely agree! This is why I said the OP needs to have his wife get it written or, if she is in a one-party consent state, record the phone call on her phone where they tell her this. She then has HR cold. Of course, best case is to gently correct them--don't burn a bridge--but I am not personally in the habit of people ignorant of a matter negatively impacting me when I have any power to correct their ignorance. I wouldn't roll over on a job because HR has no idea what they are doing.

[centrinouk 5]

Guys please read this on top of the I-9 Form and this is attention to employers

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

It stated clearly its illegal to discriminate against the type of the work authorization or even the validity of it.

[Udella&Wiz 325]

I admire everyone's 'chutzpah' on the subject and hey, I don't like discrimination either - I'm not sure it behooves the OP's wife to follow-up on the issue or call it a crappy lesson learned. You can't change some people's minds - the only lesson they'll learn is to keep their mouths shut next time. Screw'm!

Enough said by me on this matter, hope she finds an awesome company for whom to work.

[Ebunoluwa 6,136]

World changers speak up and stand up for their rights, those not passionate to effect change passively move on and don't care about the status quo and injustice.

[Andrea&Henry 311]

I work for a staffing company for 3 years now and when it comes to federal jobs including some airport staff they must be only US citizen.\

When is a federal building, IT DOESN'T MATTER THE JOB POSITION, you must be a US citizen...and this apply from the cleaning staff, assistants, etc etc

Edited September 3, 2015 by Andrea&Henry

[JohnR! 5,495]

Yes, it is legal if the job requires the applicant to be a US citizen. If the particular job she applied for does not carry such requirement, she was discriminated against.

However, it's a hard case to prove in court so many employers get away with breaking the law. Cases like her are likely to grow exponentially what with the anti-immigrant sentiment being fueled by Trump's histrionics.

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?

[hir0 49]

Some jobs require US citizenship, unfortunately they don't always write it on the job application.

If it is a requirement and they said that is why they won't hire her, she can try to apply again once she'll be a US citizen.

However, if they didn't give a reason just pass and continue to apply. They don't need to tell you why they don't hire your wife but she can ask, I often do it, I ask what should I improve.

Good luck!

[bestofboston 36]

Some places require a minimum status of Conditional Resident (Green Card).

[bestofboston 36]

What kind of job was she trying to get? It is difficult for her to come here and get a good job with no work history in the USA. My wife was a school teacher with her bachelor in elementary education before coming to the USA. Her first few jobs was with the Christmas Tree shop and Walmart. She took a CNA certification program at a local community college and the nursing home where she did her internship hired her because they liked her.

She had to wait for her green card when she first got here before anyone would hire her. Fortunately it was only a few weeks because we were already married before she came to the USA.

I told her that she needed to start at the bottom and work her way up. She is enrolled in college and is pursuing a Registered Nursing degree.

The nursing home where she is a certified nursing assistant loves her and it will help her a lot when she becomes a RN.

[HeandI 48]

What kind of job was she trying to get? It is difficult for her to come here and get a good job with no work history in the USA. My wife was a school teacher with her bachelor in elementary education before coming to the USA. Her first few jobs was with the Christmas Tree shop and Walmart. She took a CNA certification program at a local community college and the nursing home where she did her internship hired her because they liked her.

She had to wait for her green card when she first got here before anyone would hire her. Fortunately it was only a few weeks because we were already married before she came to the USA.

I told her that she needed to start at the bottom and work her way up. She is enrolled in college and is pursuing a Registered Nursing degree.

The nursing home where she is a certified nursing assistant loves her and it will help her a lot when she becomes a RN.

Exactly what my husband told me.