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

[UScitizenFilingforspouse]

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.

[azblk]

Well said. I have seen some of these posts too and I wondered what employers were doing this. It would cost them a lot of money in fines and compensation to the person they refused a job.

[kukumjacka]

It's a great post.

However, reality is quite different from the letter of the law.
You are an employee at will. Meaning, you can leave and they can let you go for any reason, other than discrimination. However, this falls under the "honor system" and no one in the right mind will admit to blatantly discriminating an employee. Few lawyers will even take up those cases, if the terminated employee even goes that far. Unless there are circumstances that can play in your favor, you're out of luck in this one.

All companies can sponsor. It's a matter of having their legal department file the paperwork. Not many want to. And they don't have to. So if you get hired and someone comes around your desk a few days later, asking you to leave, their reasons will be anything other than your work status.

[UScitizenFilingforspouse]

Well said. I have seen some of these posts too and I wondered what employers were doing this. It would cost them a lot of money in fines and compensation to the person they refused a job.

I wonder if folks are volunteering the information out of eagerness to work. "Are you hiring? I have my EAD with me." I could see that happening if you want to let the employer know there's no risk in hiring them. I suppose you could say "I'm e-verified" and leave it at that. But that also opens another can of worms because right there and then, you're starting the employment eligibility verification conversation before you've been hired.

Will add a link to e-verify to the original post. I am pretty sure that people who are just getting their EADs probably get TNC (Tentative Nonconfirmations) and should know about that.

[UScitizenFilingforspouse]

It's a great post.

However, reality is quite different from the letter of the law.
You are an employee at will. Meaning, you can leave and they can let you go for any reason, other than discrimination. However, this falls under the "honor system" and no one in the right mind will admit to blatantly discriminating an employee. Few lawyers will even take up those cases, if the terminated employee even goes that far. Unless there are circumstances that can play in your favor, you're out of luck in this one.

All companies can sponsor. It's a matter of having their legal department file the paperwork. Not many want to. And they don't have to. So if you get hired and someone comes around your desk a few days later, asking you to leave, their reasons will be anything other than your work status.

You would be surprised the things I have been asked in the presence of other employees or via email by corporate management. Darn, I wish I could tell you because it is juicy. LOL I am just waiting for the right time to act.

I see your point on the sponsoring issue. I was not referring to that, though. I was just letting folks who have either EADs or Green Cards and of course, do not need sponsorship, that employers may not ask anything beyond that question "will you now or in the future require sponsorship for employment authorization (...)"

Federal cases are awarded all the time based on the likelihood that the law was violated and that discrimination occurred. The EEOC does not need a recording of your employer saying "I do not like your skin color and your ethnic attire, and that's why I am not going to hire you" in order to stand behind a claim. Of course, you will need some sort of documentation and that will get you farther. The idea of the post was folks to know their basic rights. Truth is that if you're greeted from the get-go that way, you probably do not want to work there anyway.

[newacct]

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.

I am not sure this is entirely correct. Federal law prohibits citizenship status discrimination against certain "protected classes": US citizens, US nationals, permanent residents (but only if they have not had the chance to apply for naturalization yet), temporary residents, asylees, and refugees. There is no prohibition against discriminating against other groups of foreigners in employment, including discriminating against people on EADs or nonimmigrant work statuses. So they can say, we don't hire people on EADs, or, we don't hire people on specific types of EADs, even if you don't require sponsorship, and that would be legal.

[Katya7]

You would be surprised the things I have been asked in the presence of other employees or via email by corporate management. Darn, I wish I could tell you because it is juicy. LOL I am just waiting for the right time to act.

I see your point on the sponsoring issue. I was not referring to that, though. I was just letting folks who have either EADs or Green Cards and of course, do not need sponsorship, that employers may not ask anything beyond that question "will you now or in the future require sponsorship for employment authorization (...)"

Federal cases are awarded all the time based on the likelihood that the law was violated and that discrimination occurred. The EEOC does not need a recording of your employer saying "I do not like your skin color and your ethnic attire, and that's why I am not going to hire you" in order to stand behind a claim. Of course, you will need some sort of documentation and that will get you farther. The idea of the post was folks to know their basic rights. Truth is that if you're greeted from the get-go that way, you probably do not want to work there anyway.

Hi! So when a potential employer is asking you - what is your current status in the country - it is illegal? This is interesting!!!
Also, don't you think that if you mention that you are eligible to work, you have more chances to proceed in the recruitment process?

[azblk]

Hi! So when a potential employer is asking you - what is your current status in the country - it is illegal? This is interesting!!!
Also, don't you think that if you mention that you are eligible to work, you have more chances to proceed in the recruitment process?

The employer is not the immigration police. They have no business asking that question.

[azblk]

I am not sure this is entirely correct. Federal law prohibits citizenship status discrimination against certain "protected classes": US citizens, US nationals, permanent residents (but only if they have not had the chance to apply for naturalization yet), temporary residents, asylees, and refugees. There is no prohibition against discriminating against other groups of foreigners in employment, including discriminating against people on EADs or nonimmigrant work statuses. So they can say, we don't hire people on EADs, or, we don't hire people on specific types of EADs, even if you don't require sponsorship, and that would be legal.

There is certain jobs that due the the sensitive nature of the work would require security clearances that may require one to be a US citizen or LPR. Every person that has an EAD is at the very least a temporary resident and is in a protected class.

[newacct]

Every person that has an EAD is at the very least a temporary resident and is in a protected class.

No, "temporary resident" specifically refers to a status created for people given the 1986 amnesty. Almost all "temporary residents" should have adjusted to become permanent residents a long time ago, so, expect for some possible corner cases, there are no "temporary residents" anymore.

EAD holders are not a protected class.

[kaylip]

No, "temporary resident" specifically refers to a status created for people given the 1986 amnesty. Almost all "temporary residents" should have adjusted to become permanent residents a long time ago, so, expect for some possible corner cases, there are no "temporary residents" anymore.

EAD holders are not a protected class.

I think what azblk meant was that an EAD holder would be seen as a temporary worker to an employer and not someone they can expect to at their organization long term since the don't have the PERMANENT resident card.

[UScitizenFilingforspouse]

I am not sure this is entirely correct. Federal law prohibits citizenship status discrimination against certain "protected classes": US citizens, US nationals, permanent residents (but only if they have not had the chance to apply for naturalization yet), temporary residents, asylees, and refugees. There is no prohibition against discriminating against other groups of foreigners in employment, including discriminating against people on EADs or nonimmigrant work statuses. So they can say, we don't hire people on EADs, or, we don't hire people on specific types of EADs, even if you don't require sponsorship, and that would be legal.

No, most of what you stated there is not accurate and this part "There is no prohibition against discriminating against other groups of foreigners in employment, including discriminating against people on EADs or nonimmigrant work statuses. So they can say, we don't hire people on EADs, or, we don't hire people on specific types of EADs, even if you don't require sponsorship, and that would be legal" = not legal.

It's all on the links I provided. Here you go. https://www.uscis.gov/i-9-central/em...mployee-rights
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** ***
Here are the protected classes:
Race
Sex
Pregnancy
Religion
National origin
ethnicity
Disability (physical or mental, including SOUP[citation needed] status)
Age (for workers over 40)
Military service or affiliation
Bankruptcy or bad debts
Genetic information
Citizenship status (for citizens, permanent residents, temporary residents, refugees, and asylees)
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** ****
I am not sure I understand your reasoning behind "EAD holders are not a protected class". When you ask someone who looks/sounds/acts foreign, to show you proof of employment authorization, you are actually discriminating based on the following protected classes:

1. race/color
2. national origin
3. ethnicity
4. citizenship status

While I did rant and expressed my dissenting opinion with what I keep hearing people are experiencing, I should add that everything I stated is derived from the two links I posted. Thus, it's all accurate and supported by those sources.
I happen to be very familiar with this area as I have been the target of said discrimination, have spent almost 2 years documenting it all and finally, it's almost time file my charges with the EEOC.

I posted the link above and on my initial post. Here is what that USCIS page states:

Employee rights

Your employer may not:
- Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic.
For example, your employer may not:
-Require that you show a document issued by the Department of Homeland Security because you are not a U.S. citizen.
-Require a U.S. passport from you because you ?sound foreign? and claim U.S. citizenship.

- Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.

- Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen.

- Ask to see your employment authorization documents before hiring you or before you complete Form I-9.

- Refuse to accept your document or refuse to hire you because your document expires in the future.

- Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract.

- Demand a specific document when reverifying that you are authorized to work. You may present any document either from List

- A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.


If you feel your employer did not hire you, treated you differently during the hiring or Form I-9 process, or terminated you because of your national origin, or immigration or citizenship status, call IER at 1-800-255-7688 (Worker Hotline) or 1-800-237-2515 (TTY), or visit IER?s website.

You may also contact the Equal Employment Opportunity Commission (EEOC) if you feel you have been discriminated against in employment based on your race, color, religion, national origin, ethnicity or any other prohibited basis. Call 1-800-669-4000 or 1-800-669-6820 (TTY), or visit the EEOC website.
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *
I am glad this exchange among active contributors of this forum came up. It's important that we all know our rights; whether you are waiting for your EAD or have naturalized, like myself. The current administration has made it OK to incorporate bigotry into daily conversations. If immigrants, future permanent residents, current EAD holders, are not well-informed, what can you expect of your employers who may be 5th generation Irish/German?
It starts by knowing your own rights. Please, do not take my word for it. Here is the link to the EEOC Equal Employment Opportunity Commission website. https://www.eeoc.gov/ They great examples of discrimination cases based on race/color, national origin, ethnicity and citizenship status.

All the best.

[UScitizenFilingforspouse]

Hi! So when a potential employer is asking you - what is your current status in the country - it is illegal? This is interesting!!!
Also, don't you think that if you mention that you are eligible to work, you have more chances to proceed in the recruitment process?

Yes, that is correct. They have no business asking that. Do not take my word for it.

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

https://www.eeoc.gov/

[newacct]

No, most of what you stated there is not accurate and this part "There is no prohibition against discriminating against other groups of foreigners in employment, including discriminating against people on EADs or nonimmigrant work statuses. So they can say, we don't hire people on EADs, or, we don't hire people on specific types of EADs, even if you don't require sponsorship, and that would be legal" = not legal.

It's all on the links I provided. Here you go. https://www.uscis.gov/i-9-central/em...mployee-rights
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** ***
Here are the protected classes:
Race
Sex
Pregnancy
Religion
National origin
ethnicity
Disability (physical or mental, including SOUP[citation needed] status)
Age (for workers over 40)
Military service or affiliation
Bankruptcy or bad debts
Genetic information
Citizenship status (for citizens, permanent residents, temporary residents, refugees, and asylees)
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** ****
I am not sure I understand your reasoning behind "EAD holders are not a protected class". When you ask someone who looks/sounds/acts foreign, to show you proof of employment authorization, you are actually discriminating based on the following protected classes:

1. race/color
2. national origin
3. ethnicity
4. citizenship status

While I did rant and expressed my dissenting opinion with what I keep hearing people are experiencing, I should add that everything I stated is derived from the two links I posted. Thus, it's all accurate and supported by those sources.
I happen to be very familiar with this area as I have been the target of said discrimination, have spent almost 2 years documenting it all and finally, it's almost time file my charges with the EEOC.

I posted the link above and on my initial post. Here is what that USCIS page states:

Employee rights

Your employer may not:
- Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic.
For example, your employer may not:
-Require that you show a document issued by the Department of Homeland Security because you are not a U.S. citizen.
-Require a U.S. passport from you because you ?sound foreign? and claim U.S. citizenship.

- Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.

- Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen.

- Ask to see your employment authorization documents before hiring you or before you complete Form I-9.

- Refuse to accept your document or refuse to hire you because your document expires in the future.

- Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract.

- Demand a specific document when reverifying that you are authorized to work. You may present any document either from List

- A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.


If you feel your employer did not hire you, treated you differently during the hiring or Form I-9 process, or terminated you because of your national origin, or immigration or citizenship status, call IER at 1-800-255-7688 (Worker Hotline) or 1-800-237-2515 (TTY), or visit IER?s website.

You may also contact the Equal Employment Opportunity Commission (EEOC) if you feel you have been discriminated against in employment based on your race, color, religion, national origin, ethnicity or any other prohibited basis. Call 1-800-669-4000 or 1-800-669-6820 (TTY), or visit the EEOC website.
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *
I am glad this exchange among active contributors of this forum came up. It's important that we all know our rights; whether you are waiting for your EAD or have naturalized, like myself. The current administration has made it OK to incorporate bigotry into daily conversations. If immigrants, future permanent residents, current EAD holders, are not well-informed, what can you expect of your employers who may be 5th generation Irish/German?
It starts by knowing your own rights. Please, do not take my word for it. Here is the link to the EEOC Equal Employment Opportunity Commission website. https://www.eeoc.gov/ They great examples of discrimination cases based on race/color, national origin, ethnicity and citizenship status.

All the best.

I am talking about the specific "protected classes" against whom citizenship status discrimination is prohibited in federal law, not other definitions of "protected class".

Yes, they cannot discriminate against EAD holders on the basis of race/color, ethnicity, or national origin. But they CAN discriminate in employment against EAD holders based on immigration status if they are not a US citizen, national, permanent resident, temporary resident, asylee, or refugee (which most EAD holders aren't). An EAD holder who is not a US citizen, national, permanent resident, temporary resident, asylee, or refugee cannot file a citizenship status discrimination claim in employment. They can file other types of discrimination claims (e.g. based on national origin) if they think those types of discrimination apply, but immigration status and national origin/ethnicity are different things.

[UScitizenFilingforspouse]

I am talking about the specific "protected classes" against whom citizenship status discrimination is prohibited in federal law, not other definitions of "protected class".

Yes, they cannot discriminate against EAD holders on the basis of race/color, ethnicity, or national origin. But they CAN discriminate in employment against EAD holders based on immigration status if they are not a US citizen, national, permanent resident, temporary resident, asylee, or refugee (which most EAD holders aren't). An EAD holder who is not a US citizen, national, permanent resident, temporary resident, asylee, or refugee cannot file a citizenship status discrimination claim in employment. They can file other types of discrimination claims (e.g. based on national origin) if they think those types of discrimination apply, but immigration status and national origin/ethnicity are different things.

I am afraid I am not able to cover this much ground with you. If you think that's how it works, OK! I opened this thread to raise awareness among those seeking adjustment of status about their rights and discrimination. I want to make sure those seeking adjustment of status are aware of their rights and to direct them to sources of information.

My post was not about my opinion on what I think should be legal or not; or to debate whether asking about your citizenship status, or asking for your EAD before hiring you is illegal; or finding obscure nuances to take away from the original post. I literally copied and pasted paragraphs from the EEOC and USCIS website. If you do not want to read through the information, that's fine. It's all there.

That's all I have. All the best.