Discrimination on EAD workers.

P

picasso

Registered Users (C)
EAD seems useless. Awhile ago, while browsing for a job, I saw an Ad that say "NO Ead accepted at this time ". I don't know ,but it kind of feel discouraging that this EAD seems useless even if this is a legal paper that lets you choose a job.What's your take on this ?

Here's the part of notice :

Degree: BS/MS in Engineering, Information Systems, Computer Science, or
related discipline

Note: No visa sponsorship available. No EAD holders accepted at this time.
Client would like to absorb the candidate as an FTE/Permanent employee.
Local candidates prefered but relocation allowance offered for top tier
candidates within the US.
 
picasso said:
EAD seems useless. Awhile ago, while browsing for a job, I saw an Ad that say "NO Ead accepted at this time ". I don't know ,but it kind of feel discouraging that this EAD seems useless even if this is a legal paper that lets you choose a job.What's your take on this ?

Here's the part of notice :

Degree: BS/MS in Engineering, Information Systems, Computer Science, or
related discipline

Note: No visa sponsorship available. No EAD holders accepted at this time.
Client would like to absorb the candidate as an FTE/Permanent employee.
Local candidates prefered but relocation allowance offered for top tier
candidates within the US.
Click to expand...
See - the screw-up here is that EAD holders are not exactly "unrestricted" workers.
Typically most (big) companies give the first preference in hiring to those that are unrestricted workers ( citizens and LPRs).

EADs, visas etc come after that.

Reasoning: EAD becomes void if the underlying petition is denied - so its a risk that company rather not take.

Yeah - it sucks - but hey this kind of "no EAD" policy is the extreme minority -- most people are cool with it ( atleast you are out of the H1 strangle-hold :) ).
 
Thats right. you can file a complaint. EAD holder carry the same rights as of a permanent resident as far as employment is concerned.
 
i think typically that job AD is for getting LC for some postion on that company. So if you fight it is typically hurting somebody's LC.
 
My wife used to have TIN number instead of an SSS number which is also quite a hassle. She was refused in one of the banking institutions we applied for a new bank account because they do not accept new accounts without SSS. Some states also reject driving license applications if you do not have an SSS#. Now, its a battle of EAD rights in finding work.
 
rpranesh said:
i think typically that job AD is for getting LC for some postion on that company. So if you fight it is typically hurting somebody's LC.
Click to expand...
.... Which is a flawed line of reasoning ...

Labor is to prove that there is no qualified person to do the job ...
If you have someone qualified, then the labor should be denied - simple :)

I hope that's not the case here ..... but I still maintain thatmost large companies treat citizens and LPRs as the first tier .... EAD/visas are all "below" that.
 
max2k1 said:
.... Which is a flawed line of reasoning ...

Labor is to prove that there is no qualified person to do the job ...
If you have someone qualified, then the labor should be denied - simple :)

I hope that's not the case here ..... but I still maintain thatmost large companies treat citizens and LPRs as the first tier .... EAD/visas are all "below" that.
Click to expand...
then a lot of steps in immigration has lots of flawed lines of reasoning.... like
1. H4 cannot get EAD whereas L2 visa holders can
2. Employment based Green card applicants cannot change jobs (most of the time) , but can switch jobs once you get GC, negating the reason for getting GC.

so on and so forth....
 
rpranesh said:
then a lot of steps in immigration has lots of flawed lines of reasoning.... like
1. H4 cannot get EAD whereas L2 visa holders can
2. Employment based Green card applicants cannot change jobs (most of the time) , but can switch jobs once you get GC, negating the reason for getting GC.

so on and so forth....
Click to expand...
Maybe you didn't understand my post ... I said it would be flawed if you rejected qualified folks just so that someone's labor would go thru.

Anyways reg your point #2 .....
Not true -- with AC21 AOS pending applicants(with some conditions) can indeed switch to a same/similar job.
Also its adivsable to not quit your present job immediately after getting GC ( so you really can't switch jobs once you get GC ) -- after about 9 months or so, then yes - you can switch jobs freely.

Reg H4/L2 --don't know and don't care :D
 
I-9

Point them to I-9 document, the Anti-discrimination notice is right on top. They are following illegal practices.

http://uscis.gov/graphics/formsfee/forms/i-9.htm

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 of a future expiration date may also constitute illegal discrimination.
 
The employer can say that the job is for Citizens and GC holders only if the ad is for a permanent position. For permanent position they can deny H1 and i am not sure about EAD.
 
maybe you did not understand my posting either .... the concept of getting LC, I40 and I485/CP itself is flawed. After I129 one should be able to directly file CP or I485.
With so much delays in getting LC nowadays (3+ years for RIR), it does not make sense how the job market changes within three years. The job market when one applied at the starting of RIR could be totally different when the LC was certified . It could be totally different once the I485/CP is approved. My view point on the current issue is on the overall process rather than the current EAD discrimination issue, which i believe is the by product of whole process.
 
rpranesh said:
maybe you did not understand my posting either .... the concept of getting LC, I40 and I485/CP itself is flawed. After I129 one should be able to directly file CP or I485.
With so much delays in getting LC nowadays (3+ years for RIR), it does not make sense how the job market changes within three years. The job market when one applied at the starting of RIR could be totally different when the LC was certified . It could be totally different once the I485/CP is approved. My view point on the current issue is on the overall process rather than the current EAD discrimination issue, which i believe is the by product of whole process.
Click to expand...
True that the LC process takes long ....
But that *CANNOT* be justification for jumping straight to CP/485 from I-129

129 is a petition for a non-immigrant worker :)
Also the conditions tested are different for both of 'em.

Maybe the best way would be for LC to be adjudicated as of the conditions that prevailed when it was filed.
This would finally force them to process LC within 6 months or so - given the fact that late adjudications would start looking like a sham !

Also the state of the job market when 485 is approved should be of no concern -- after all 140 guarantees an immigrant visa :D

True the current system is not perfect -- but its far easier to shape what we have now to fit the situation rather than start something totally new ( case in point: PERM regulations -- if and when implemented that would address a lot of this !! )

Take it easy :)
 
Link

Here's the link of the job ad I am referring :

http://jobs.perl.org/job/1682



I'm not really into suing anybody but I just want to let you know that some companies may not like EAD employees because of unknown reason ( or probably does not have knowledge about EADs). I know most companies accepts EAD employees because I have friends who were able to transfer to other jobs and still get their GC afterwards.
 
Stop cribbing picasso. There are so many things that are wrong and people not honoring an EAD is the least of it. Go find another job.
 
picasso said:
Here's the link of the job ad I am referring :

http://jobs.perl.org/job/1682



I'm not really into suing anybody but I just want to let you know that some companies may not like EAD employees because of unknown reason ( or probably does not have knowledge about EADs). I know most companies accepts EAD employees because I have friends who were able to transfer to other jobs and still get their GC afterwards.
Click to expand...
Check:
http://www.eeoc.gov/
http://www.eeoc.gov/charge/overview_charge_filing.html

Also send an email to sweet Neha, with these links and one specified by joyd and relevant portions. Hopefully she will take care of it. (USCIS has made me think bodyshoppers are sweet - looks like it has really been long wait) :D

Show it to a lawyer who deals in Labor issues and you are all set for a good money. unitednations is right.
 
You must log in or register to reply here.
Top