It is ILLEGAL for employers to ask you for your EAD before hiring you.

[mthomson34]

I keep running into posts of members being told by prospective employers they prefer applicants with green cards, or with EADs that aren't about to expire. I felt compelled to announce it over here. Hopefully, most of you will run into this post. It is illegal for interviewers to ask you about the expiration date on your EAD. There should be no discussion of documents you'll use to prove eligibility for employment authorization or whether you are a conditional permanent resident or have a 10-year green card or have a I-485 pending BEFORE YOU ARE HIRED.

ONCE YOU ARE HIRED, your employer must give you the Form I-9 and the list of documents that you can present for employment eligibility verification. They can't say "And tomorrow is your first day. Bring your passport and social security card, by the way, we'll send you to HR to fill out all the paperwork." That's illegal and they can face serious fines.

ALL THAT YOU MAY BE ASKED IS "Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?" If you'll require the company to commence ("sponsor") an immigration or work permit case in order to employ you, either now or at some point in the future, then you should select Yes. Otherwise, select No. ***This question is legal.***

If you are a refugee, or are adjusting status through your husband who has a work visa - so you got a EAD; or you're adjusting status based on marriage to a US citizen, etc, YOU WILL ANSWER NO TO THAT QUESTION. That is all you need to say. I get it. You are all excited to have your EAD and are eager to show it and get to work. Well, not so fast. It's ilegal and believe me when I tell you that you will be discriminated against. In your case, you were and they told you without blinking twice - zero remorse.

So if your EAD expires soon, then you should get started with your renewal - just in case. But that should never be a topic of conversation. If you're hired and you present an EAD that expires soon and they refuse to accept it OR better yet, they ask you or comment they prefer employees with EADs that have longer expiration dates, that is discrimination on the basis of at least 5 protected statuses. It's a huge deal.

This is what USCIS has to say. https://www.uscis.gov/i-9-central/em...mployee-rights
Here is the website to the Equal employment opportunity commission. https://www.eeoc.gov/

I strongly recommend that you learn more about e-verify. https://www.e-verify.gov/employees That is how most employers will verify your employment eligibility. You can do a self-check to make sure that the system is actually confirming your information. For those just getting EADs, often times you may get a Tentative NonConfirmation and the employer has to resolve that. The site also explains that you should make sure you are consistent with the name you use at work. If you use First, Middle and Last name, then always use that. On this site, you can also check who has e-verified you.
***Very important. It is ILLEGAL for employers to e-verify you before hiring you. Same concept. I know you're excited about your flashy EADs - I couldn't wait to flip it out of my wallet 22 years ago. And my green card was not even green. So I would definitely be flaunting a green green-card. Leave that off the table until you're hired. Your national origin, ethnicity, race etc may not be part of the decision to hire you or move on to another candidate.

All the best.

My employer rescinded my offer of employment because they didn't like that the EAD would expire within a year (and they do not understand the AOS or EAD renewal process). Are you saying this is illegal? It certainly seems like it is but then I have the same second-guessing due to the "protected classes" caveat.

Also, do you know if this is a matter for an immigration attorney or an employment discrimination attorney?

[azblk]

My employer rescinded my offer of employment because they didn't like that the EAD would expire within a year (and they do not understand the AOS or EAD renewal process). Are you saying this is illegal? It certainly seems like it is but then I have the same second-guessing due to the "protected classes" caveat.

Also, do you know if this is a matter for an immigration attorney or an employment discrimination attorney?

Yes it is illegal. Employment discrimination

[newacct]

My employer rescinded my offer of employment because they didn't like that the EAD would expire within a year (and they do not understand the AOS or EAD renewal process). Are you saying this is illegal? It certainly seems like it is but then I have the same second-guessing due to the "protected classes" caveat.

Also, do you know if this is a matter for an immigration attorney or an employment discrimination attorney?

Are you a refugee or asylee? If not, you have no basis to complain about discrimination on the basis of citizenship status, because you are not in a protected class. You could complain about discrimination on the basis of national origin, but nothing you have said indicates discrimination on the basis of national origin.

- - - Updated - - -

Yes it is illegal. Employment discrimination

On what basis do you say it is illegal? I see no illegal discrimination based on what he said.

[UScitizenFilingforspouse]

My employer rescinded my offer of employment because they didn't like that the EAD would expire within a year (and they do not understand the AOS or EAD renewal process). Are you saying this is illegal? It certainly seems like it is but then I have the same second-guessing due to the "protected classes" caveat.

Also, do you know if this is a matter for an immigration attorney or an employment discrimination attorney?

Steer clear off anyone who tells you that you are a second class citizen. He is misinterpreting "protected classes". Does so more often than people realize.

Furthermore, be wary of believing anyone who tells you that you are a second class citizen and cannot provide you with a source that supports their argument. Tone is also a giveaway. Like my dutch grandmother always said "you cannot hide the sun with your thumb". It does not translate well into English but you get the idea. This is by the way the same link I've posted twice already. I've learned as of late that readers like screenshots better than links. ANYWAY... Here is the sun. See for yourself.

[azblk]

On what basis do you say it is illegal? I see no illegal discrimination based on what he said.

https://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm

https://www.workplacefairness.org/immigration-status

[kaylip]

At the end of the day EAD holders will be looked at as second class citizens. Being black in America can feel like second class according to the media. If the employer discriminates against u why would u want to "fight" to stay there anyway? Also, some people get fired or not hired because of other discriminatory or petty things and guess what? Employers can because some, if not most states are "At Will States". My advice? Nip that thing in the bud before it escalates into further discrimination if hired. That's the reality of the situation in America. Race consciousness and recently, "Aliens".

[azblk]

At the end of the day EAD holders will be looked at as second class citizens. Being black in America can feel like second class according to the media. If the employer discriminates against u why would u want to "fight" to stay there anyway? Also, some people get fired or not hired because of other discriminatory or petty things and guess what? Employers can because some, if not most states are "At Will States". My advice? Nip that thing in the bud before it escalates into further discrimination if hired. That's the reality of the situation in America. Race consciousness and recently, "Aliens".

You are going off on a tangent here. This thread was about illegal practices by some employers and the discrimination that comes with it. The reason it keeps happening is because most of the people it happens to are too meek and just move on. The has nothing to do with " at will employment" or race but mostly the ignorance of the law by prospective employers.

[kaylip]

You are going off on a tangent here. This thread was about illegal practices by some employers and the discrimination that comes with it. The reason it keeps happening is because most of the people it happens to are too meek and just move on. The has nothing to do with " at will employment" or race but mostly the ignorance of the law by prospective employers.

"This thread was about illegal practices by some employers and the discrimination that comes with it. The reason it keeps happening is because most of the people it happens to are too meek and just move on". That's exactly what I'm saying. And that statement applies to all groups that face discrimination; african americans, homosexuals, hispanics and immigrants. What I'm saying is that there's a bigger picture to it in America and new immigrants will face it at some point in their lives. Maybe some are not even "too meek" to move on but just moves on to avoid creating a stir in a new place or country. The point I'm geting at is that even if it's an illegal practice for the employer to ask you for your EAD or immigration status before hiring you, what will u do? Sue them? Print documents from the government website to prove them wrong? I say just be aware of the ignorance and not be disappointed but also continue to seek employment interviews at other places.

[newacct]

Steer clear off anyone who tells you that you are a second class citizen. He is misinterpreting "protected classes". Does so more often than people realize.

Furthermore, be wary of believing anyone who tells you that you are a second class citizen and cannot provide you with a source that supports their argument. Tone is also a giveaway. Like my dutch grandmother always said "you cannot hide the sun with your thumb". It does not translate well into English but you get the idea. This is by the way the same link I've posted twice already. I've learned as of late that readers like screenshots better than links. ANYWAY... Here is the sun. See for yourself.

Who is "misinterpreting protected classes". "Protected individual" is a term taken directly from the very law on unfair immigration-based practices in employment, INA 274B (codified as 8 USC 1324b), to denote the classes of people who it is illegal to discriminate against on the basis of citizenship status.

(a) Prohibition of Discrimination Based on National Origin or Citizenship Status.-


(1) General rule. - It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 274A(h)(3) ) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment-

(A) because of such individual's national origin, or

(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual's citizenship status.

"Protected individual" is defined in subsection (a)(3):

(3) Definition of protected individual. - As used in paragraph (1), the term "protected individual" means an individual who-

(A) is a citizen or national of the United States, or

(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 210(a) , or 245A(a)(1) , is admitted as a refugee under section 207 , or is granted asylum under section 208 ; but does not include (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after the date of the enactment of this section and (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service's processing the application shall not be counted toward the 2-year period.

"Documentary abuse" applies only when it is done with the intent of discriminating based on national origin or citizenship status as defined in subsection (a)(1) above:

(6) Treatment of certain documentary practices as employment practices.-A person's or other entity's request, for purposes of satisfying the requirements of section 274A(b), for more or different documents than are required under such section or refusing to honor documents tendered that on their face reasonably appear to be genuine shall be treated as an unfair immigration- related employment practice if made for the purpose or with the intent of discriminating against an individual in violation of paragraph (1).

Here is a case of someone whose citizenship status discrimination claim was dismissed because he only had a "work permit" and was not in one of the classes of "protected individuals" (see page 4).

Here is a case which decided that citizenship-status-based documentary abuse claims only apply to protected individuals, and the claim of such discrimination by someone on TPS with an EAD, or similar individuals, was dismissed (see page 29-34). But the company was found guilty of a separate count of documentary abuse by a pattern of asking for an LPR or EAD card, since LPRs were protected individuals.

[mthomson34]

Steer clear off anyone who tells you that you are a second class citizen. He is misinterpreting "protected classes". Does so more often than people realize.

Furthermore, be wary of believing anyone who tells you that you are a second class citizen and cannot provide you with a source that supports their argument. Tone is also a giveaway. Like my dutch grandmother always said "you cannot hide the sun with your thumb". It does not translate well into English but you get the idea. This is by the way the same link I've posted twice already. I've learned as of late that readers like screenshots better than links. ANYWAY... Here is the sun. See for yourself.

Thank you - I am certainly aware of the hordes of American's who seem to have Stockholm Syndrome with corporations when it comes to labor rights. What the detractors also seem to be forgetting in this thread is that there are state and local laws which, I presume, also play a factor in determining discrimination, if not super-ceding federal law. Are you familiar with how that works?

[kukumjacka]

I hadn't seen this thread in a while... lots of good info.

The law vs reality of life are different things.

Few, indeed very few with an EAD will know what laws are being broken and what rights are being denied. A recent graduate with a 1 year OPT will have a very hard time to get a job. In fact they have 3 months to get a job form the date their OPT commences. Very few will take it upon themselves to "right" the wrong done to them via legal ways. By the time this happens, the applicant has not gotten a job, the 3 months are up and they have to leave. So... yea the law is one thing. The actual enforcement of it, entirely different.
This of course for people who even know what the issues are and how to fight them which, again, very few. The ones that don't, different story.

[Msafiri]

Thanks for this post. I had two prospective employer refuse to accept EAD+I-797C combination the reason being, they prefer an unexpired EAD. I had to go home and look it up. This combination of documents is acceptable for I-9 and should not be rejected just because the employer prefers a new card.
I forwarded the links to both and they responded very quickly.
It's very frustrating.

[azblk]

Thanks for this post. I had two prospective employer refuse to accept EAD+I-797C combination the reason being, they prefer an unexpired EAD. I had to go home and look it up. This combination of documents is acceptable for I-9 and should not be rejected just because the employer prefers a new card.
I forwarded the links to both and they responded very quickly.
It's very frustrating.

Hope you resolve this quickly. And for future reference do not discuss immigration status until after you have accepted job offer