Help/Comment!!! Employment eligibility

C

CS485

Registered Users (C)
One of a major hi-tech corp in USA rejected my application for employment saying that they cannot hire me as I cannot work indefinitely in USA.

I went thru all the interview process and now they are saying that they cannot hire me and the only reason being I am on EAD.

I am contacting my attorney regarding this issue.


Is it legal to deny the employment for the people with EAD. I thought people on EAD are not eligilble only for the jobs which require security clearance.

Thanks
 
Hi, CS485,
I strongly believe it's ILLEGAL.
I read some document or article this morning,
but I don't have time right now.
I will let you know later.

Or, somebody such as 140_takes_4ever or cinta (in VSC forum) would give you a good advice.
 
Thanks guys for the reply. I saved all the communication and trying to get the legal help. I am not worried about the job but about my (485 waiters) legal right. I'll post the same thread in VSC forum too.

Thanks
 
I am not sure if you can sue them for discrimination. A lot of companies state very specifically that only American citizens or permanant residents can apply/qualify for jobs.

But as far as this job is concerned, you could provide documentation stating that EAD works as well as permanant residency since you have a right to work till adjudication, and the chances of adjudication positively in your favour are VERY high.

This is a buyers market and unless the hiring manager makes a fuss for your services, you might still be rejected on some basis or other.

But you can definitely use the correspondence exchanged and show it to your Congressman and request speedy adjudication of your case, on the basis that you are being seriously hindered in your pursuit of the American dream due to the inadequacies and failings of the INS.

Good luck!
 
Quoted by sb_tiger in VSC forum
==================

The I-9 is the employment verification document. It clearly states on very top:

ANTI-DISCRIMINATION NOTICE: 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.


So you can do something about it- I don't know what/how- as employer may say-they had different grounds for not hiring- unless they specifically told you that- verbal is OK in court.
=================
 
140_takes_4ever,

thanks for the reply. The job posting doesnt mention that the applicant must be PR/Citizen. In fact this organization has sponsered lot of H1s earlier. I dont care if they offer me an employment or not. I am not going to accept even if they offer it now. The only thing I am worried right now is about my right. The only point they were stressing was "I should be able to work in US indefinitely". In that case, whats the use of EAD or even GC. Even GC expires after 10years. For example, all the drivers licences expire in 5yrs and that doesnt imply that I am not eligible to drive indefinitely.

Thanks
 
If they explicitly state in your "rejection" letter that you were not offered this job based on your immigration status, this would qualify as discrimination. Apart from hiring an attorney to sue their ass, I suggest you also contact ACLU(American Civil Liberties Union).Who knows, they might take issue with them directly and save you some money.
 
Text in rejection email

"I found out that for your work status, I would have to do extra work that
I'm not approved to do. I am only approved to pursue people who are
approved to work indefinitely in the USA. Therefore we cannot hire you."


Thanks ECGC. I'll try to contact them

thanks
 
For large employers, typically the ads from them carry a note at the bottom about their employment practices, notes such as "equal opportunity employer", and restrictions on types of jobs/qualification for which a foreign national will/will not be hired. You may want to check up job postings the company's website to take a first shot at knowing if there are indeed any company wide policies.
Please keep the forum posted of the final outcome. Good luck!
 
Last edited by a moderator:
Lawsuit

CS485,

Your experience is a typical example of how I-485 applicants are suffering from I-485 backlogs. If you are interested contact Rajiv Khanna to join the lawsuit or send your details as pm to Kashmir, !40_takes_4ever or me. We will forward your info to Rajiv.

This is outrageous. Even if you are talented you loose opportunities just because you stuck in this bureaucratic process.

Good luck to you.
 
When I changed job I volunteered to pay for my immigration
costs if there were anyAnd my new company agreed to that
arrangement. So I worked with their lawyers and picking
up the tabs for AC 21 letter, 2 EADs for me and my wife and
also APs. They are fine with it as long as I pay.

Make them see sense. Negotiate with them. They will listen to you.
 
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