HELP.. Denied a job for not having a GC yet... Is this legal?

[GEOntificator 272]

I had a successful interview at Morgan Stanley yesterday and I was asked if I have the right to work. I explained that I have unrestricted work (I am already have my EAD) permit and that I am awaiting my green card interview. I also specified that I will not need sponsorship in the future. 

 

Today, I received a call from the branch manager (person who interviewed me) and told me that after contacting recruiting group and making recommendation to hire me THEY SAID THAT THEY CANNOT OFFER A JOB TO ANYONE OTHER THAN A US CITIZEN OR SOMEONE WHO IS ALREADY A PERMANENT RESIDENT. Is this not against the law? I think this is very messed up. Can I do something about this? 

 

Any advice would be much appreciated. This is my dream job...

[Roel 7,191]

I want to say it's not illegal... It's something up to employer discretion I suppose. Also many Americans don't really understand what EAD is and they require more solid proof of residence.. might be also because EAD is not valid for a long time really, that's why they want more permanent proof of residency. 

This is just how I see this. 

[geowrian 22,335]

I general, it is NOT allowed for them to discriminate on that basis. However, there are certain exceptions for certain types of work or employers...I'm not sure if this applies to certain positions in the financial industry, sorry.

 

https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

"The Immigration and Nationality Act prohibits employers from discriminating against individuals based on their citizenship or immigration status, or based on their national origin, in the Form I-9, Employment Eligibility Verification, process. "

and

 

Edited July 12, 2018 by geowrian

[T_P 872]

I am sorry to hear that but at the same time I sort of understand them. While I was interviewing for my current job, the HR asked if I was allowed to work in US and I said yes. Went through the all interview process, got approved and she asked me to send all the paper work. Sent my EAD card and mins later she get back to me asking, do you have a green card, I said not yet. My GC interview is in a week and I should have it by the end of the month, so what you have in your hands is an temporary work permit valid for 1 year and I should be able to handle you my GC in a month max. She was fine with it and less than two weeks later I gave them my GC.

 

Like Roel said, it is up to each company discretion, cant really say whether this is illegal or not, perhaps the company just doesnt want to have to deal with someone whos having to quit the company 1 year later because of a denied GC...complicated case.

 

Considering MS business I could see why they would only hire USC or PR......again, dont know exactly why, but being a bank etc could have impacted with that.

Edited July 12, 2018 by T_P

[Roel 7,191]

It might also certain type of job or position that require more.. dunno, security clearance and that's why it's somewhat restricted. Like @T_P said 

 

Example, you can't enlist into army on EAD. Need green card at least. Air force won't allow you to enlist on 2 year card, you need 10 year card. 

 

There is more jobs where they only hire citizens. 

[Pumkin 7]

From what I have read online, it is best to only answer the question, "are you legally authorized to work in the US", answer, yes I am authorized to work in the US. Do not go any further. 

Then after they they extend a job offer, you explain you are on an EAD document while waiting for your AOS to be completed and obtain final green card. Then if they pull the job offer, that is considered illegal. You are not allow to discriminate based on immigration status. (or race or gender or sexual orientation, etc)

Since they never extended you a job offer, you are screwed. You cannot claim discrimination. 

I would learn form this experience and move on and try to find another job.

 

note, there are some jobs where you must be a US citizen for security reasons, this would have been clearly stated on the job posting. I am assume this was not stated on the job posting. 

[GreatDane 366]

I believe @geowrian is correct. They cannot discriminate based on your immigration status. That being said, employment is at-will and they can then rescind your offer for any other reason. One thing you could do is state your case - that you are able to work without restrictions, your permanent green card is in-process, you can show I-9 work eligibility, and they can't discriminate against different visa status'. With the resources they have, the local Morgan Stanley could refer to their corporate HR which would provide more accurate information. They could be right - some positions do require you to be a USC (or I think PR), but those are typically ones where national security/upper level financial services. Not sure what position you're looking at with Morgan Stanley.

[T_P 872]

First of all I would make sure that they liked your profile and were willing to hire you, once you are sure that was the case, try talking to the HR and again, I`d not mention the USCIS thing that was posted by geo cause I almost feel that it would sound like a threat. 

 

If you have an interview date, explain that your case will be processed and would keep them updated, meanwhile the EAD is the temporary work permit.

[Nouchigang 200]

Hello

 

Like the other mentioned, it is a grey area and some job may be restricted to US citizens only or PR only, I saw a lot in my field (Chemistr) when I was searching. Since you said it is your dream job, try to explain to the branch manager how your immigration status should not impact your job or performance and that if by the time your EAD expire you havent done your interview, you get an automatic 6 months renewal by sending the application and remind him again of all your assets etc...

I really hope you can convince them, good luck

[GEOntificator 272]

I appreciate your replies and information!  The branch manager is on my side and is willing to send HR all the information about discriminating against EAD. He told me he liked me during the interview and he wants to hire me, but he can only do so much. Can anyone help me finding good resources and information about my situation and what the law says?

[geowrian 22,335]

1 minute ago, Pumkin said:

Since they never extended you a job offer, you are screwed. You cannot claim discrimination. 

This is incorrect. Declining to offer a job on a discriminatory basis of a protected class is also prohibited.

The difficulty, obviously, is proving they discriminated on a protected basis vs just not hiring you for any other reason. That's not something one can typically fight without getting lawyers involved, and that's a headache on its own.

 

1 minute ago, T_P said:

I`d not mention the USCIS thing that was posted by geo cause I almost feel that it would sound like a threat.

Agreed - I would first try to work out the issue. Usually it's a misunderstanding...most people don't now the immigration process. Only if that didn't pan out would I consider pursuing the discrimination issue.

[GEOntificator 272]

1 minute ago, geowrian said:

This is incorrect. Declining to offer a job on a discriminatory basis of a protected class is also prohibited.

The difficulty, obviously, is proving they discriminated on a protected basis vs just not hiring you for any other reason. That's not something one can typically fight without getting lawyers involved, and that's a headache on its own.

 

Agreed - I would first try to work out the issue. Usually it's a misunderstanding...most people don't now the immigration process. Only if that didn't pan out would I consider pursuing the discrimination issue.

The branch manager understand that this is messed up and is willing to help. This basically means that he can prove that I was not offered a job due to having only EAD. I think this is sufficient enough. I am going to send him this link: https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

 

I am also going to provide more insight about EADs from my knowledge.

[T_P 872]

do you have access/contact to the HR person who interviewed you?

[GEOntificator 272]

2 minutes ago, T_P said:

do you have access/contact to the HR person who interviewed you?

No, I interviewed with the branch manager and he has access to HR. He is going to send an e-mail to them on my behalf after I give him information about how EADs work and what my rights are (he does not know much about it).

[T_P 872]

Just now, kvito28 said:

No, I interviewed with the branch manager and he has access to HR. He is going to send an e-mail to them on my behalf after I give him information about how EADs work and what my rights are (he does not know much about it).

Good that he is willing to help you. I just want to emphasize what "your rights" are can play/be interpreted wrong depending on the person. This is your dream job like you said, make sure you are explaining them as politely as possible. Provide them some dates and estimates on your interview/GC etc. 

 

There are other conditions that require employees to be USC's and it is legal to use this as a hiring guide. Go easy....