What if Employer doesn't accept i-751 extension letter and denies to hire me

[Devy and Lynette 46]

17 hours ago, Sercanned said:

I just got hired by this big company but i think they have no idea about extension letters. i have social security card that says "valid with DHS authorization only".  i have orientation this Monday and what do i do if they doesn't accept the extension letter and don't have any idea about it... i really need this job, it is very card to get hired and cannot loose it over this kind of issue..

Please go to the SS office and get your unrestricted social security card, my husband went and had his was mailed in two days, you can get your card with your Expired green card and your ext. letter..it's in their policies tell them to look it up...I had the link and I will try and find it shortly

[Pennycat 880]

29 minutes ago, belinda63 said:

Bottom line they can hire and not hire who they want. If they refuse to hire you your options are: take it over their heads as in to the main office or a high official in the company and make a big stink in which case would you want to work for them after having a reputation as a trouble-maker or file a complaint against them (which won't get you the job). 

He's been hired. This is orientation. If they refuse to continue his employment based on their misunderstanding of or preference against his employment authorization documents, that is flat out discrimination based on national origin. I am not sure what is so complicated about this. That is why I said IF they terminate his employment because of this, he should get it in writing and sue the pants off of them. It is also illegal to not hire someone based on this, but it is much more difficult to prove that, which doesn't make it right. 

[Pennycat 880]

47 minutes ago, Sercanned said:

So can you show me a proof that is good for i9. I will print it out and show them on orientation 

The extension letter specifically states that it extends the date on the 551. 

 

It is obviously preferable to go in with just a driver's licence and unrestricted social security card, but you don't have time for that. (You ARE entitled to an unrestricted social security card, you just met someone who can't or won't do their job properly). I'd be surprised if they give you trouble-- if they are a large company, they almost surely have seen this before. But if they do give you trouble, politely ask to speak to a supervisor or someone. Someone there will realize that this is legal (or, rather, illegal to terminate your employment over this). 

[Sercanned 21]

Update:HR manager called and said they will run e verify and as long as you passed the e verify we have no problem with it . And she wanted to see documents sent them scanned image. So is that a good news?

[geowrian 22,335]

16 minutes ago, Sercanned said:

Update:HR manager called and said they will run e verify and as long as you passed the e verify we have no problem with it . And she wanted to see documents sent them scanned image. So is that a good news?

Sounds like good news to me Please keep the thread updated.

[Pennycat 880]

21 minutes ago, Sercanned said:

Update:HR manager called and said they will run e verify and as long as you passed the e verify we have no problem with it . And she wanted to see documents sent them scanned image. So is that a good news?

You should come through e-verify just fine. 

[Sercanned 21]

i will update, thank you guys! 

[David & Diana R 1,005]

4 hours ago, Pennycat said:

This would fall under "national origin". He is legally present and authorized to work has the documents to prove it. They can't pick and choose which documents are acceptable to them, and if they try to (out of malice or sheer incompetence) he has been discriminated against due to national origin. If he gets it in writing, he's got a case. 

Nonsense...

[Pennycat 880]

11 minutes ago, David & Zoila said:

Nonsense...

What a thoughtful, well reasoned counter argument.

 

Here's the law:

8 U.S.C. § 1324b

 

And the Cliff's Notes Version:

https://www.justice.gov/crt/types-discrimination

"Employers may not treat individuals differently based on citizenship or immigration status. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. 

...

 

Employers may not request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin. U.S. citizens and all other work-authorized individuals are protected from unfair documentary practices."

 

 

 

EEOC establishing that this falls under "national origin":

https://www.eeoc.gov/laws/types/nationalorigin.cfm

 

"Citizenship Discrimination & Workplace Laws

 

The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility."

 

[Sercanned 21]

Another question guys. Under what section green card and the letter goes

[ch3john 308]

Just now, Sercanned said:

Another question guys. Under what section green card and the letter goes

Dont worry about that part, employer fills in that part

[Sercanned 21]

Just now, ch3john said:

Dont worry about that part, employer fills in that part

What if they fill out wrong and uscis doesn't accept it lol

[ch3john 308]

Dude, you are way overthinking this. I can understand your anxiety but you got word from HR if you pass everify you're good to go. 

Relax and enjoy your weekend 

[David & Diana R 1,005]

2 hours ago, Pennycat said:

What a thoughtful, well reasoned counter argument.

 

Here's the law:

8 U.S.C. § 1324b

 

And the Cliff's Notes Version:

https://www.justice.gov/crt/types-discrimination

"Employers may not treat individuals differently based on citizenship or immigration status. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. 

...

 

Employers may not request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin. U.S. citizens and all other work-authorized individuals are protected from unfair documentary practices."

 

 

 

EEOC establishing that this falls under "national origin":

https://www.eeoc.gov/laws/types/nationalorigin.cfm

 

"Citizenship Discrimination & Workplace Laws

 

The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility."

 

Here is the cliff notes answer to all of that:  Prove it.  No employer is going to be dumb enough to tell you they are not hiring you because of your national origin. 

[TM92 527]

10 minutes ago, David & Zoila said:

No employer is going to be dumb enough to tell you they are not hiring you because of your national origin. 

You'd be surprised, https://www.justice.gov/opa/pr/justice-department-settles-national-origin-discrimination-claim-against-new-york-restaurant:

Quote

"Today’s settlement should serve as a reminder to small employers that hiring discrimination based on national origin violates the INA’s anti-discrimination provision, and the Justice Department is committed to holding employers accountable for such violations," said Acting Assistant Attorney General John Gore of the Civil Rights Division.