Company reluctant to hire on L2 + EAD, is that legal?

[lelvira]

Hi,
I have been trying to search more info on this matter but I couldn't find it so far. Any help or suggestions are greatly appreciated
My situation is as follow:
- Holder of L2 (my husband holds L1) until 2017
- Holder of valid EAD until Oct 2014 (it can be renewed for as long as the L2 visa is valid)

I got a job offer and when I accepted it and decided to move forward, company X (a very well known University in the Bay Area, CA) is giving me all kind of problems saying that they never hired anyone with EAD and L2 in the past. They claim they can't do a contract that extends beyond validity of EAD so 7 months. Furthermore, they requested all kind of extra information from my husband like pay slip and a letter from my husband's company that he will be employed for at least one year more. No company will guarantee that they will employ you for at least a year!. My husband's company has provided a letter stating my husband is a regular full time employee but they claim it is not valid.
I wonder whether requesting all this info is legal or they really want me to join.

As far as I know holding an EAD gives one the right to work for any company without restrictions.
I wonder how to approach them now. I really want that job but not sure why they are so reluctant to move forward. Shall I consult a labor lawyer?
Can I report somehow that university to US Immigration office as not respecting the laws?

Thanks and best regards

[raghvi]

Hi,
I have been trying to search more info on this matter but I couldn't find it so far. Any help or suggestions are greatly appreciated
My situation is as follow:
- Holder of L2 (my husband holds L1) until 2017
- Holder of valid EAD until Oct 2014 (it can be renewed for as long as the L2 visa is valid)

I got a job offer and when I accepted it and decided to move forward, company X (a very well known University in the Bay Area, CA) is giving me all kind of problems saying that they never hired anyone with EAD and L2 in the past. They claim they can't do a contract that extends beyond validity of EAD so 7 months. Furthermore, they requested all kind of extra information from my husband like pay slip and a letter from my husband's company that he will be employed for at least one year more. No company will guarantee that they will employ you for at least a year!. My husband's company has provided a letter stating my husband is a regular full time employee but they claim it is not valid.
I wonder whether requesting all this info is legal or they really want me to join.

As far as I know holding an EAD gives one the right to work for any company without restrictions.
I wonder how to approach them now. I really want that job but not sure why they are so reluctant to move forward. Shall I consult a labor lawyer?
Can I report somehow that university to US Immigration office as not respecting the laws?

Thanks and best regards

Technically EAD can at most be renewed only up till L1 I-94 or till L1 completes 5 Year physical stay in US even if L2 has a visa/I-94 beyond L1 I-94.

As per I-9 - EAD is a valid document that establishes your identity as well as Employment authorization.

Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept
from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

http://www.justice.gov/crt/about/osc/

http://www.justice.gov/crt/about/osc/htm/engperliwdiss.php

I would suggest you politely write back mentioning that since the Department of Homeland Security (DHS) has issued the EAD and it is a valid Employment Authorization Document as per I-9. Ans also, that you are surprised that it is not recognized as a valid proof because as per the I-9 it is. You can also attach the I-9 as reference. As for complain follow the directions in the links.

This is my opinion not legal advice.

[prachigupta126]

L2 - EAD holder, firm denied hiring saying 'You are dependent, hence we dont want'

Hi,

I am on L2 with EAD (my husband is on L1 visa).
Recently, I was talking to a recruiter from ********. When he came to know of my visa, he said that we cannot proceed.
They could have proceeded if she was on student visa (OPT) or H1-B.

Is it legal on the recruiter's part to deny on this basis? Can we do something about it?

Regards

Technically EAD can at most be renewed only up till L1 I-94 or till L1 completes 5 Year physical stay in US even if L2 has a visa/I-94 beyond L1 I-94.

As per I-9 - EAD is a valid document that establishes your identity as well as Employment authorization.

Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept
from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination


I would suggest you politely write back mentioning that since the Department of Homeland Security (DHS) has issued the EAD and it is a valid Employment Authorization Document as per I-9. Ans also, that you are surprised that it is not recognized as a valid proof because as per the I-9 it is. You can also attach the I-9 as reference.

This is my opinion not legal advice.