Company not accepting EAD, requiring GC to get hired.

[BB&SVW 29]

I am expecting a job offer from a company. I have been told by the hiring manager that I am fully qualified for the job. However, HR is not accepting my EAD and is asking for a green card. Their reason is they need to prove to the government that no American can do the job that’s why they are hiring me for it. Obviously I have not found the cure for cancer and am no rocket scientist. My GC is in progress. My interview is on Feb 6. 
 

Is this fair? I have explained that I have work authorization and do not require a sponsorship and that my greencard is coming soon. They wouldn’t budge on their policy. 

 

 

[Nicola and Jordan 668]

I wonder if they don’t understand what an EAD is? They might think you need a work visa by the sounds of it, have you asked if they understand what an EAD is? 

[balo101 655]

6 minutes ago, BB&SVW said:

I am expecting a job offer from a company. I have been told by the hiring manager that I am fully qualified for the job. However, HR is not accepting my EAD and is asking for a green card. Their reason is they need to prove to the government that no American can do the job that’s why they are hiring me for it. Obviously I have not found the cure for cancer and am no rocket scientist. My GC is in progress. My interview is on Feb 6. 
 

Is this fair? I have explained that I have work authorization and do not require a sponsorship and that my greencard is coming soon. They wouldn’t budge on their policy. 

 

 

well i wish you best of luck. Ask them to give you some time until your GC gets approved. I feel for you. I was once not called for an interview because i did not have GC. 

[Marieke H 2,365]

I agree, it sounds like they don't understand what an EAD is. Maybe try to explain it to them, with some information from USCIS? 

It makes no sense that they'd have to prove no American can do the job. And even with a green card, you still would not be an American so they would still have to prove that, according to their reasoning. 

It does sound like they have the EAD and work visa mixed up. Maybe you need to specifically tell them that those two are different. 

Good luck! This must be so frustrating!

[payxibka 10,044]

15 minutes ago, BB&SVW said:

I am expecting a job offer from a company. I have been told by the hiring manager that I am fully qualified for the job. However, HR is not accepting my EAD and is asking for a green card. Their reason is they need to prove to the government that no American can do the job that’s why they are hiring me for it. Obviously I have not found the cure for cancer and am no rocket scientist. My GC is in progress. My interview is on Feb 6. 
 

Is this fair? I have explained that I have work authorization and do not require a sponsorship and that my greencard is coming soon. They wouldn’t budge on their policy. 

 

 

Unless the job requires you to be an LPR or say a USC, their actions could be deemed discriminatory 

[BB&SVW 29]

1 minute ago, Marieke H said:

I agree, it sounds like they don't understand what an EAD is. Maybe try to explain it to them, with some information from USCIS? 

It makes no sense that they'd have to prove no American can do the job. And even with a green card, you still would not be an American so they would still have to prove that, according to their reasoning. 

It does sound like they have the EAD and work visa mixed up. Maybe you need to specifically tell them that those two are different. 

Good luck! This must be so frustrating!

That’s exactly what they told me! They said they are treating EAD like a visa. My assumption is it’s hitting their immigration quota. 

[geowrian 22,336]

They probably think they need to petition for you. They don't.

They are not permitted to ask for specific evidence of authorization to work. They only need the requirements for the I-9.

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

 

The I-9 only needs either a List A document OR a List B + List C document. You should have B + C.

https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

 

That said...

I highly suggest referring them to the above websites and to educate them on what is required. Do not go into it in a confrontational manner...actually holding them accountable for work discrimination is a very tough chore and not a point I think anybody wants it to get to.

Educate them...in the vast majority of cases that I've seen, it does get worked out this way. Best wishes.

[BB&SVW 29]

2 minutes ago, payxibka said:

Unless the job requires you to be an LPR or say a USC, their actions could be deemed discriminatory 

The only requirement was that I am authorized to work here. EAD proves that! But they don’t get it! 

1 minute ago, geowrian said:

They probably think they need to petition for you. They don't.

They are not permitted to ask for specific evidence of authorization to work. They only need the requirements for the I-9.

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

 

The I-9 only needs either a List A document OR a List B + List C document. You should have B + C.

https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

 

That said...

I highly suggest referring them to the above websites and to educate them on what is required. Do not go into it in a confrontational manner...actually holding them accountable for work discrimination is a very tough chore and not a point I think anybody wants it to get to.

Educate them...in the vast majority of cases that I've seen, it does get worked out this way. Best wishes.

This is very helpful! Thank you!! 

[payxibka 10,044]

1 minute ago, BB&SVW said:

The only requirement was that I am authorized to work here. EAD proves that! But they don’t get it! 

You have the option to file a complaint 

[Prizm123 1,086]

i am surprised that the person in HR doesnt understand what EAD stands for.... EMPLOYMENT AUTHORIZATION DOCUMENT..... i think they need to go back and get a refund from whatever school they went to and get retrained. i would also be wary of working for such a company due to this level of incompetance

[Stubmeister 31]

Ok, let me ask something that hasn't been asked: Does this job require travel outside the US? EAD is good for work in the US but without the GC and AP it doesn't allow for travel in and of itself.

[Sweetdreaming 384]

18 hours ago, BB&SVW said:

However, HR is not accepting my EAD and is asking for a green card. Their reason is they need to prove to the government that no American can do the job that’s why they are hiring me for it.

 

This is classic language for providing a non-citizen applicant a work visa, with the EAD you already have it, as others have said you need to make sure they are informed to their mistake.

[Amadia 711]

22 hours ago, BB&SVW said:

However, HR is not accepting my EAD and is asking for a green card.

I am sorry to learn that you are going thru this. 

It sucks that these Human Resources people don't know how to be "human". Maybe you should direct them to this site where USCIS explicitly states that it is discriminatory behaviour in what they are doing:

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

 

I would threaten to sue them for discrimination...but that's just me.

[HRQX 4,145]

21 hours ago, geowrian said:

The I-9 only needs either a List A document OR a List B + List C document. You should have B + C.

https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

EAD is List A. It shows both identity and employment authorization. List C is unrestricted SS card, CRBA, etc. OP doesn't yet have an unrestricted SS card.

3 hours ago, Stubmeister said:

without the GC and AP it doesn't allow for travel in and of itself.

*GC OR AP

Edited January 20, 2020 by HRQX

[SmallTownPA 71]

So many people are missing the point.

 

The EAD is TIME LIMITED.

 

If your I-551 (green card) is denied, you go away.  And since since you are a conditional permit they may not want to risk you leaving if your LPR status is not approved.

 

So no, its not a huge conspiracy.  HR doesn't want to risk hiring you with a TEMPORARY work permit.  Once you get the GC, your future in the US pretty set. 

 

If they are hiring you under an H1B then this is different.  Why does the 'no American can do the job' thing come into play?  That sounds like they are trying to hire under an H visa or you don't understand what they are asking of you.