EAD as good as GC?

[LCSilence]

Have anybody heard any case that the company refused to hire a potential employee because that person only have EAD not GC? I am in the situation that my I140 approved and my client might give me an offer but it is known that the client only hire GC holder or US citizen. Could HR reject based on the fact that I only have EAD?

Thanks,

 

[nkm-oct23]

Originally posted by LCSilence
Have anybody heard any case that the company refused to hire a potential employee because that person only have EAD not GC? I am in the situation that my I140 approved and my client might give me an offer but it is known that the client only hire GC holder or US citizen. Could HR reject based on the fact that I only have EAD?

Thanks,

Unless the job has security clearance and/or government investigation requirements that are met by US citizenship or LPR status, requiring GC or citizenship for a job is illegal.
Having said that, an employer can refuse to hire someone if the employer is required to get permission from USCIS to hire him/her (H1 for example) and that is not considered illegal.
It is also illegal to refuse to hire someone if he/she has work authorization that expires in the near future (EAD holders, for example).

 

[LCSilence]

Thank you so much for your reply.

 

[PhillyDec01]

Hi,

The I-9 form clearly states that it is illegal for an employer to refuse to hire because of a future expiration date(in your case, EAD expiration date). This also means that an employer cannot refuse to hire a person because he/she only has an EAD.


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

Hope it helps.