company will not accept me

[bluebelle 0]

hello,

I feel devastated, the company i dream of working for will not accept me eventhough I have a I-766 card whch is the EAd card because they are looking for my green card or I551 stamp......

I explained to them but i guess they wont accept it :(

[belay 0]

thats so frustrating ... maybe you can try again after you get your greencard...

[damulag 26]

If you have a valid EAD and valid social security card they ABSOLUTLY must accept it. There are very few jobs that can require permanent citizenship or permanent residency as a requirement.

Please contact the Department of Justice if they will not accept it. They can not tell you which forms of ID you present for an I9!!!!!

I contacted them when her new employer was going to terminate her because her new ss card with her married name had not arrive and she only had her EAD with married name and maiden name on ss card. During the phone call he told me to contact them if they company did not let her work and they would call them to tell them the way it is. The corporate HR overrulled the local HR person, no problem now.

Quote from the dept of justice web site.

Q. Who is responsible for handling employment discrimination complaints related to an individual's immigration or citizenship? status?

A. The Department of Justice's Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) is responsible for investigating charges of job discrimination related to an individual's citizenship or immigration status and, in certain situations, national origin. The OSC also investigates charges that an employer has requested that an employee or job applicant establish employment eligibility and identity by presenting more or different documents than are required by law, rejected reasonably genuine-looking documents, or demanded a specific document such as a Alien Registration Card or "Green Card." <

Do not take no for an answer.

[Johnnie J 0]

Thanks for the tip, I'll keep it mind.

[Minya's wife 25]

Actually and employer can and will (I've heard of it happening) refuse to accept anything but the greencard(and in some cases US citizenship) before they will let you work. The EAD is just an authorization to work....it does not confer any mandate on an employer that he/she/it must accept the card outright.

Damulag, your situation is a tad different that the OP's. You were dealing with a name change issue, in which two forms of identification had different name (married vs. maiden). The OP's situation, as I understand correctly, is that her potential employer's policy prohibits them from hiring anyone without them having the actual greencard (EAD is not sufficient). That is legal and I don't think falls under the "employment discrimination" umbrella.

-P

[belinda63 3,038]

From the I-9 itself

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 the documents have a future expiration date may also constitute illegal discrimination.

An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B)

or

Unexpired employment authorization document issued by DHS

Thus what his employer is doing is illegal as he is currently authorized to work in the US. God forbid we have to wait until they receive their green card that may take years.

[RaTBoX 1]

Actually and employer can and will (I've heard of it happening) refuse to accept anything but the greencard(and in some cases US citizenship) before they will let you work. The EAD is just an authorization to work....it does not confer any mandate on an employer that he/she/it must accept the card outright.

Damulag, your situation is a tad different that the OP's. You were dealing with a name change issue, in which two forms of identification had different name (married vs. maiden). The OP's situation, as I understand correctly, is that her potential employer's policy prohibits them from hiring anyone without them having the actual greencard (EAD is not sufficient). That is legal and I don't think falls under the "employment discrimination" umbrella.

-P

Actually, an employer can't refuse to accept anything but the green card. This is a violation of the Immigration and Nationality Act §274.[a].[6]. Any individuals feeling that they are being discriminated against by any violation in the aforementioned section (when they themselves are covered by the definitions in INA §274.[a].[1]) may take a number of actions.

This is also covered in M-274 (Handbook for Employers on Form I-9).

"Q. May I specify which documents I will accept for verification?

A. No. The employee can choose which document(s) he or she wants to present from the lists of acceptable documents. You must accept any document (from List A) or combination of documents (one from List B and one from List C) listed on the Form I-9 and found in Part Eight of this Handbook that reasonably appear on their face to be genuine and to relate to the person presenting them. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision in the INA. Individuals who look and/or sound foreign must not be treated differently in the recruiting, hiring or verification process."

If an individual is completing an I-9 and wants to show a valid EAD, the employer can't refuse it. It's a legal document and on the list of allowable documents for the completion of an I-9.

Edited August 29, 2008 by RaTBoX

[Minya's wife 25]

There are jobs out there that will not hire unless you're a citizen, or even jobs out there that will not hire you unless you're a permanent resident.(For example, you have to be a citizen to work for USCIS). Are you saying that what those employers are doing is illegal? No it is not illegal. That is all I said by the fact that it doesn't fall under "employment discrimination". Before we all jump on that bandwagon, and tell the OP to sue because she's been discriminated, perhaps the OP can enlighten if the company he/she is applying for has any such policy on the books...to only hire residents.

-P

[Steph0814 1]

UNLESS STATED! Any government job will NOT allow you to work w/o being a US Citizen as well as most airlines that fly internationally.

They dont want to risk it and if they state that on the application they give you then it is and you can't do #### all about it.

[belinda63 3,038]

I sort of assumed the person applying for the job would realize if a requirement was being a citizen or resident. If this is the case of course there is nothing to be done.

I am aware that most places when they hire people are ignorant as to what documents they can accept. For example my current work tells people they must present their driver's license and social security card, they do not even have a list of the acceptable documents as all the I-9s are copies.

So again, unless there is some requirement in the job for residency or citizenship, the employer cannot refuse to accept the EAD.

[damulag 26]

From a question and answer from the Office of Special Counsul.

Can a company request that Only American Citizens apply?

No, again, in most Cases, it is illegal have policies that require job applicants to have a particular immigration Status. unless it is a Bona Fide Occupation Qualification – BFOQ - BFOQ is ONLY if it is required by Federal, State, or Local Law, or by a Specific Government Contract – These Are the ONLY reasons that one may request American Citizenship.

Though the Green Card may have expired, the Green Card’s holder Legal Status to work in the U.S Does NOT expire. Revivification Does NOT apply to Green Card Holders! In fact a Green Card holder Does not even need to show their Green Card at employment, they like Citizens only need to show their Unrestricted Social Security Card and a drivers license. The same as any American Citizen

[Tunisia216 2]

Thank you for the research and information! We had this problem previously and I wasn't sure either!! Thanks again!

From a question and answer from the Office of Special Counsul.

Can a company request that Only American Citizens apply?

No, again, in most Cases, it is illegal have policies that require job applicants to have a particular immigration Status. unless it is a Bona Fide Occupation Qualification – BFOQ - BFOQ is ONLY if it is required by Federal, State, or Local Law, or by a Specific Government Contract – These Are the ONLY reasons that one may request American Citizenship.

Though the Green Card may have expired, the Green Card’s holder Legal Status to work in the U.S Does NOT expire. Revivification Does NOT apply to Green Card Holders! In fact a Green Card holder Does not even need to show their Green Card at employment, they like Citizens only need to show their Unrestricted Social Security Card and a drivers license. The same as any American Citizen

[I'm Gone 60]

M-274, Handbook for Employers:

http://www.uscis.gov/files/nativedocuments/m-274.pdf

Citizenship Status Discrimination

Citizenship or immigration status discrimination occurs when an employer treats employees differently based on their citizenship or immigration status in regard to hiring, firing, or recruitment or referral for a fee. U.S. citizens, recent permanent residents, temporary residents under the IRCA legalization program, asylees, and refugees are protected. An employer must treat all of these groups the same. Subject to

limited exceptions, the INA’s prohibition against citizenship or immigration status discrimination covers employers with 4 or more employees.

So it seems to me if an employer says they are only hiring U.S. citizens and/or permanent residents and they are consistent with that policy you have nothing to b*tch about,

Edited August 30, 2008 by I Quit

[mrsartis 10]

hello,

I feel devastated, the company i dream of working for will not accept me eventhough I have a I-766 card whch is the EAd card because they are looking for my green card or I551 stamp......

I explained to them but i guess they wont accept it :(

sis, sorry naman about what happened.. lets try and try maybe there is a better job for you.. im sure of that.. pinays are hardworking and passionate interms of what they believe in.. sabi ng fiance ko a private company can fire you with a simple reason that they dont like the color of your hair..

Goodluck and Godbless

[KarenCee 3]

hello,

I feel devastated, the company i dream of working for will not accept me eventhough I have a I-766 card whch is the EAd card because they are looking for my green card or I551 stamp......

I explained to them but i guess they wont accept it

sis, sorry naman about what happened.. lets try and try maybe there is a better job for you.. im sure of that.. pinays are hardworking and passionate interms of what they believe in.. sabi ng fiance ko a private company can fire you with a simple reason that they dont like the color of your hair..

Goodluck and Godbless

Um....no, employers cannot fire a person for not liking the colour of their hair.

To the OP: Sometimes showing them a document that proves you can work with the EAD can dispell any qualms they might have of hiring you. As others have said, some employers require the Green Card or that you be a USC. Good luck with your situation.