EAD not enough for employment ??

V

vinisterz

Registered Users (C)
I have been rejected by a financial services company for not having a greencard. I currently only have an EAD through my recommended asylum status.

have anyone experienced this before ? do we need a GC to be employed ?
 
Thanks for the information.

however, my status is still not yet approved rather it is recommended approval. Im still waiting for the final approval.
 
vinisterz said:
Thanks for the information.

however, my status is still not yet approved rather it is recommended approval. Im still waiting for the final approval.
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BUT you have SSC?
 
I do not think you can do much until you are granted asylum. An employer has the right to refuse to hire persons with only temporary work permission (as long as the policy is applied across the board).
 
thankful said:
I do not think you can do much until you are granted asylum. An employer has the right to refuse to hire persons with only temporary work permission (as long as the policy is applied across the board).
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..employement autorisation card with 1 year validity is the worst thing you can show it to employer!!!
most job require at least 1 year training or "investement on human resources" ....the company paid for your school or the training...
honnestly,even with Green card you can't do too much...citizenship is the answer. :rolleyes:
 
darn it. I was so positive about this career, now I gotta go for my second choice (dont know if they require GC too ).
 
vinisterz said:
i have ssn but its still not valid unless authorised by INS.

I currently have the recommended approval letter and my EAD.
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Vinisterz:
Did they refuse you employment in writing, and did they put the reason (no GC) in the letter?

An employer CAN NOT ask to see certain type of employment authorization, and they CAN NOT refuse employment because your authorization is valid for a short time.

See http://www.usdoj.gov/crt/osc/txt/emp_g.txt

Call the number on that page, describe what happened, and ask for help.

I read about 8/9 years ago how this guy http://www.shusterman.com/ had the DOJ call the employer and educate them after they refused to hire a client of his (just like your case), but I cant find it now.

Lastly. this is straight from the I-9 form: "The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination."

Bottom like: get the reason in writing, then call the civil rights office.

Floyd
 
It seems to me that is discrimation. You might want to consult a lawyer for this. Most lawyers would provide 30 minutes consultation free of charge.


vinisterz said:
i have ssn but its still not valid unless authorised by INS.

I currently have the recommended approval letter and my EAD.
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not in writing but on the phone.

Floyd, thanks for the information. i will keep that in mind. I might not have enough evidence to complaint. It's time for me to learn and move on.

Now that I know, I wouldnt want to work for them anyways.

Thanks guys for all the info on your replies
 
vinisterz said:
darn it. I was so positive about this career, now I gotta go for my second choice (dont know if they require GC too ).
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You should be fine as soon as you are granted final asylum.
 
vinisterz said:
not in writing but on the phone.

Floyd, thanks for the information. i will keep that in mind. I might not have enough evidence to complaint. It's time for me to learn and move on.

Now that I know, I wouldnt want to work for them anyways.

Thanks guys for all the info on your replies
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There was no discrimination and there was no violation based on the facts presented.

Under INA an employer has the every right to refuse to hire people with temporary work permits. The "citizenship status discrimination" provision of the law ONLY protects United States citizens, green card holders, refugees and asylees.

Under INA 274B(a)(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.
 
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yeah I guess so. I have to write to the office about my asylum status. Its been almost 2 months now and Im still recommended for approval.
 
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