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

[NigeriaorBust 4,087]

   A company the size of Morgan Stanly knows the rules and probably has hundreds of immigrants a year and HR is used to having to do this.  It was the person that interviewed you that didn't know the rules , he probably hasn't seen a EAD holder before.   They can't let you have the access you need as a non US person.   You push it and you will get tagged as a complainer and never work for them.   Wait until you have the green card in hand.

[usmsbow 796]

2 hours ago, geowrian said:

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

 

 

OP- you're probably not going to get a better answer than this on VJ. If there is something unique about the job that lets them limit it to US citizens, they sure as heck should be able to tell you explicitly that's the case and why. Otherwise they are just full of it. 

[GEOntificator 272]

2 minutes ago, usmsbow said:

 

OP- you're probably not going to get a better answer than this on VJ. If there is something unique about the job that lets them limit it to US citizens, they sure as heck should be able to tell you explicitly that's the case and why. Otherwise they are just full of it. 

That is exactly what I think too.

[Mollie09 1,543]

OP is not a US citizen, noncitizen national, or permanent resident.

[GEOntificator 272]

2 minutes ago, Mollie09 said:

OP is not a US citizen, noncitizen national, or permanent resident.

Perhaps this is the one that applies to this situation?!

 

Document abuse

Employers must not request  more or different documents than are required to verify employment authorization and identity reject documents that reasonably appear to be genuine and relate to the employee specify certain documents over others based on an employee’s citizenship or immigration status, or national origin

All employment-authorized individuals

All employers with more than 3 employees are covered.

 

Specifically this one: 

 

• request  more or different documents than are required to verify employment authorization and identity

Based on acceptable documents EAD is sufficient.

 

Here is the source: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

[GEOntificator 272]

One thing I want to express is this:

 

I am not trying to sue anyone or push it beyond what is within my rights. I understand that I may not have all the information that I need to make a correct judgement about this situation, which is why I came here and asked. My thought is that there is something wrong with the way I was denied this opportunity. This may happen again somewhere else which would be really sad because we all need an income source. What is the point of having EAD before GC otherwise? 

[george8880 27]

Is this for Morgan Stanley investment banking? If so, I could see potential firm / deal risk with hiring someone with just an EAD, for example, in the middle of a high-profile deal, you leave the deal team because something happens to your visa etc.

 

In theory, it is illegal. It says so in the I-9 form, which you complete when you join, that firms can't discriminate based on immigration status, gender, religion, etc. Reality is though, firms can get away with it if they really want to. All they have to do is make up how another candidate is more qualified etc. I would recommend asking the branch manager you mentioned and seeing that process through. If it still doesn't work out, move on, and potentially reach out again to MS after you get your green card.

[Boiler 43,546]

My Brother is a Chartered Accountant, I know he focussed on Auditing Compliance and Golf, but not in that order.

 

He worked for a few US banks, I doubt he took any US exams, never asked.

 

And HR, well in large companies yes there is likely to be somebody who knows the law, just not at the lower levels no doubt involved here, hence giving the line manager the ammo to move it up the chain.

[GEOntificator 272]

4 minutes ago, george8880 said:

Is this for Morgan Stanley investment banking? If so, I could see potential firm / deal risk with hiring someone with just an EAD, for example, in the middle of a high-profile deal, you leave the deal team because something happens to your visa etc.

 

In theory, it is illegal. It says so in the I-9 form, which you complete when you join, that firms can't discriminate based on immigration status, gender, religion, etc. Reality is though, firms can get away with it if they really want to. All they have to do is make up how another candidate is more qualified etc. I would recommend asking the branch manager you mentioned and seeing that process through. If it still doesn't work out, move on, and potentially reach out again to MS after you get your green card.

That is my point. They did not make up anything. They told me that they cannot hire me based on my immigration status...

[Ksenia_O 695]

1 hour ago, jdaveh said:

  Playing devils advocate here. If you do not get green card, then EAD would expire and you would need sponsorship to remain working. Is this correct? 

OP would simply need to apply for EAD renewal in case if green card is not in OP's hands by the time EAD #1 got expired. No sponsorship needed.

[Mollie09 1,543]

Just now, george8880 said:

Is this for Morgan Stanley investment banking? If so, I could see potential firm / deal risk with hiring someone with just an EAD, for example, in the middle of a high-profile deal, you leave the deal team because something happens to your visa etc.

 

In theory, it is illegal. It says so in the I-9 form, which you complete when you join, that firms can't discriminate based on immigration status, gender, religion, etc. Reality is though, firms can get away with it if they really want to. All they have to do is make up how another candidate is more qualified etc. I would recommend asking the branch manager you mentioned and seeing that process through. If it still doesn't work out, move on, and potentially reach out again to MS after you get your green card.

 

The I9 just restricts the documents you can use to prove your status. They are not able to discriminate based on status for US citizens, noncitizen nationals, or permanent residents, or the documents used to prove one of those statuses.

[Mollie09 1,543]

1 minute ago, Ksenia_O said:

OP would simply need to apply for EAD renewal in case if green card is not in OP's hands by the time EAD #1 got expired. No sponsorship needed.

Not if the GC was denied.

[Crazy Cat 39,340]

3 hours ago, kvito28 said:

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...

Your best response to say "Thank you" and move on to another opportunity.  If you try any type of legal action, they will just hire you, then find another reason to fire you.....there are only a very few protected classes of employees...race, gender, sexual pref, age, etc.........and millions of legal ways to fire people.

Just my opinion.

[usmsbow 796]

1 minute ago, Mollie09 said:

Not if the GC was denied.

Well yes, but when the GC is denied, the EAD is immediately invalid too. 

[Calicolom 265]

3 hours ago, Roel said:

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. 

Air Force Citizens only. Stepson just tried, and was refused.