How should I communicate my work eligibility status if still waiting for EAD?

[junkmart 320]

26 minutes ago, C90 said:

Nope, talking about the exact same (EAD) 

 

I came here on K1 last year and am going through the AOS process. Just got my EAD, so I know the process.

 

The company that calls/interviews you wants to know if you're legally allowed to work in the US. A lot of companies will ask "are you legally allowed to work in the US OR do you need sponsorship?" I'm aware that sponsorship is a completely different visa.

 

How are employers supposed to know if you're allowed to work in the US if they are not allowed to ask this question verbally up until the moment they give you an offer? They usually have a lot of applicants, it would cost a company a lot of time and money if they find out afterwards that you're a big waste of their time cause you can't even work for them at that moment.

Again, they aren’t allowed to ask that prior to hiring you. Once they hire you, then they may ask for social or ead to fill out I-9. It’s a form of discrimination to ask before the hire. It is to prevent unscrupulous employers from asking because someone looks or sounds foreign. I know I cannot convince you otherwise, despite having posted links and verbiage directly from USCIS, but I hope it helps someone else to know their rights.

 

Employers skirt the law all the time. For instance when they refuse to pay overtime to eligible employees. This happened to me at my first job. I educated myself, quit, and reported them. They were fined and employees who i knew and still worked there benefited from me knowing what they were doing was illegal. I’m the USC, btw.

 

anyway, that’s the beauty of the forum. You can post your experience and advice, and so can I. People can read what we wrote, follow the links, do the research themselves, and come to their own conclusion. With that, I’ll bring this to a conclusion. I wish you the best in your journey!

Edited February 26, 2019 by junkmart

[C90 376]

2 minutes ago, junkmart said:

Again, they aren’t allowed to ask that prior to hiring you. Once they hire you, then they may ask for social or ead to fill out I-9. It’s a form of discrimination to ask before the hire. It is to prevent unscrupulous employers from asking because someone looks or sounds foreign. I know I cannot convince you otherwise, despite having posted links and verbiage directly from USCIS, but I hope it helps someone else to know their rights.

 

Employers skirt the law all the time. For instance when they refuse to pay overtime to eligible employees. This happened to me at my first job. I educated myself, quit, and reported them. They were fined and employees who i knew and still worked their benefited from me knowing what they were doing was illegal. I’m the USC, btw.

 

anyway, that’s the beauty of the forum. You can post your experience and advice, and so can I. People can read what we wrote, follow the links, do the research themselves, and come to their own conclusion. With that, I’ll bring this to a conclusion. I wish you the best in your journey!

You're completely right that they can not ask you to provide proof of EAD before they hire you. I think it was a miscommunication.

They are though, allowed to ask you the following: 

 

Culture/Natural Origin: You may ask if the individual can, "upon hire," provide proof of legal right to work in the United States. You may ask about language fluency if it is relevant to job performance. 

 

That's what I mean. They are allowed to ask you if you are allowed to work in the US when they hire you or even if you would need sponsorship (most resumes don't tell the employer what kind of visa you obtain(ed), so they're not always aware if you have an EAD/GC or need sponsorship for a work visa), but they are not allowed to say "we need proof of EAD before we even hire you." 

 

If OP would be asked the question above, the answer at this moment is no. Of course he could inform the employer that his application is pending and see if the employer is willing to wait for that.

[nullaccount234 882]

1 hour ago, C90 said:

The company that calls/interviews you wants to know if you're legally allowed to work in the US. A lot of companies will ask "are you legally allowed to work in the US OR do you need sponsorship?" I'm aware that sponsorship is a completely different visa.

 

1 hour ago, beloved_dingo said:

I previously worked as a Hiring Manager, and we used Indeed often to post job openings. One of the options you can choose through Indeed as a requirement that applicants must answer Yes/No to is "Are you legally authorized to work in the U.S.?" This is also a common question on any basic job application.

@junkmart You are correct in everything you say - including that it's not legal for an employer to ask the interviewee for documents before an accepted offer - except for the part about the authorization question, as pointed out by other members above. No where does the USCIS or EEOC say it's illegal to ask if the candidate is authorized to work in the United States. This question, if asked in an application, must be answered by all applicants - USCs, LPRs, and others. Just because you say yes to this question does not mean you have an EAD specifically, so the question does not at all make you reveal your type of status in the country, just that you in fact HAVE a status in the country. That's completely legal.