I"m depressed and Frustrated!!

[piggy 0]

After months of waiting.Finally I recieved my working permit last Monday.And I started looking for a job through internet..Luckily last Friday I got a call from one of the company and they interviewed me through phone..So today I recieved a call form them saying they can't hire me because I don't have a greencard yet..I said I have a working permit and waiting for my greencard( I don't know when because i'm still waiting for my AOS interview appointment letter) And they asked me what is the validity of my working permit.I told them it last for one year.

My question is..To apply for a working permit is waste of time and money? As far as I know if I have a working permit I can work right?

[Yodrak 7]

piggy,

Right, you can work. You'll need to apply for a Social Security number as well.

But this does not mean that someone must hire you.

Yodrak

...

My question is..To apply for a working permit is waste of time and money? As far as I know if I have a working permit I can work right?

[rob&ana 0]

No...

It doesnt mean that they have to hire you. But it is discriminating if you have a working permit, and it's valid, that they dont hire you because you dont have a green card. Where is the Equal Opportunity Employment Law??

Frankly, I think it's a tad unfair. But then again, they might not know or understand immigration documentation.

Dont lose hope, getting your EAD card, is NOT a waste of money or time, because it allows you to work while waiting for your greencard (and we all know that there is no certain waiting time). I'd reccomend to explain in your resume cover letter, that you hold a working permit, and that it's valid for a year, and that in that time you can either receive your green card or get another work permit if you're still waiting. It may help your prospective employers understand better your situation.

Good luck!

[Kajikit 65]

They're discriminating against you and they're not supposed to... you HAVE a valid work permit and it's none of their business which particular type you have. All that should matter to them is that you're a legal immigrant and the EAD shows them that...

[americangirl 0]

I believe it is illegal to deny employment based on citizenship status to anyone who is legally allowed to work in the U.S. - which includes work-authorized temporary residents. If you really want the job, you may want to talk to an employee rights group in your area, and read up on the Immigration and Nationality Act. It discusses immigration-related employment discrimination.

Also, you may have wanted to tell them that the EAD is renewable indefinitely. Many people think it takes years and years to get green cards, and they may have thought it wouldn't be worth it if you could only work there for a year.

[desert_fox 32]

I believe it is illegal to deny employment based on citizenship status to anyone who is legally allowed to work in the U.S. - which includes work-authorized temporary residents. If you really want the job, you may want to talk to an employee rights group in your area, and read up on the Immigration and Nationality Act. It discusses immigration-related employment discrimination.

Also, you may have wanted to tell them that the EAD is renewable indefinitely. Many people think it takes years and years to get green cards, and they may have thought it wouldn't be worth it if you could only work there for a year.

That would be the worst possible thing you could do to get a new job....complain!!!

They would tell you to go pound salt. They are under no obligation to hire you.

[Dr_LHA 3]

I believe it is illegal to deny employment based on citizenship status to anyone who is legally allowed to work in the U.S.

Not entirely true. There are plenty of jobs that *require* US citizenship for example, like almost all industry jobs in my field (space).

[john_and_marlene 162]

There is nothing wrong with an employer deciding that a 1 year work permit and no guarantee of permanent residence is reason not to hire someone. Discrimination laws define protected classes and immigrant aliens with temporary work permits is not one of those protected classes.

[ChristinaM 0]

But are they even allowed to ask? AFAIK, they're allowed to ask if you are authorised to work in the US and that's it.

Jobs which are only open to USCs are generally Federal or those requiring a certain level of security clearance. There's a good reason they don't let just anybody do those.

Edited July 18, 2006 by clmarsh

[Dr_LHA 3]

But are they even allowed to ask? AFAIK, they're allowed to ask if you are authorised to work in the US and that's it.

It most likely varies from state to state like most employment law. However I doubt that they are breaking any laws by refusing to employ someone who only has an EAD. After all, EAD is no guarantee that the person will get a GC, and if they don't then the company could lose a lot of money spent training the employee. Most likely however is that the employers reason to refuse employment is based on ignorance rather than a valid reason.

Jobs which are only open to USCs are generally Federal or those requiring a certain level of security clearance. There's a good reason they don't let just anybody do those.

Federal or anything relating to defence, which in my field is pretty much everything. I work on a NASA mission, and everything I work on is covered by ITAR (International Traffic in Arms Regulations), despite the fact we are a scientific mission with no military aspect. Special waivers are required for foriegners to work on our project, and most industry employers will simply not employ you rather than going to the time and effort of getting these waivers.

[ChristinaM 0]

But are they even allowed to ask? AFAIK, they're allowed to ask if you are authorised to work in the US and that's it.

It most likely varies from state to state like most employment law. However I doubt that they are breaking any laws by refusing to employ someone who only has an EAD. After all, EAD is no guarantee that the person will get a GC, and if they don't then the company could lose a lot of money spent training the employee. Most likely however is that the employers reason to refuse employment is based on ignorance rather than a valid reason.

My point was that I don't think - in any state - they are even allowed to ask whether you're a USC, LPR or simply an EAD holder (caveat: for jobs unlike yours!). I believe they are simply allowed to ask "Are you authorised to work in the US?" Not how long for, not the type of authorisation you hold, the kind of visa you have, or anything. Just whether or not you are legal. A bit like asking a woman if she is recently married or expecting to get pregnant; one of those things you just can't ask.

Jobs which are only open to USCs are generally Federal or those requiring a certain level of security clearance. There's a good reason they don't let just anybody do those.

Federal or anything relating to defence, which in my field is pretty much everything. I work on a NASA mission, and everything I work on is covered by ITAR (International Traffic in Arms Regulations), despite the fact we are a scientific mission with no military aspect. Special waivers are required for foriegners to work on our project, and most industry employers will simply not employ you rather than going to the time and effort of getting these waivers.

You happen to work in a very specialised field. Most people are not looking for that kind of job

Joe Average looking for an office job does not require anything but work authorisation (be it H1-B, EAD, green card, whatever) and a SSN.

[john_and_marlene 162]

But are they even allowed to ask? AFAIK, they're allowed to ask if you are authorised to work in the US and that's it.

Jobs which are only open to USCs are generally Federal or those requiring a certain level of security clearance. There's a good reason they don't let just anybody do those.

Of course they can ask. In fact, they have to. They must verify the authorization to work. They will have to see the EAD before hiring someone. They aren't just going to take someone's word that they are authorized to work in the US.

[allynella 0]

But are they even allowed to ask? AFAIK, they're allowed to ask if you are authorised to work in the US and that's it.

I agree. I know of someone who volunteered the fact that she was in possession of an EAD. That confused the ####### out of the empoyer, and she was never called back for the 2nd interview. It is true that you will be asked if you are authorised to work, but your answer stops at "yes". When proof is asked for, present it at that time.

[ChristinaM 0]

But are they even allowed to ask? AFAIK, they're allowed to ask if you are authorised to work in the US and that's it.

Of course they can ask. In fact, they have to. They must verify the authorization to work. They will have to see the EAD before hiring someone. They aren't just going to take someone's word that they are authorized to work in the US.

My employer did not request to see my work authorisation until I had been offered the job. In fact, I didn't have to present it until orientation, when I filled out my I-9 and my employer copied my EAD.

Maybe I was unusual?

They can ask to see that proof before making you a job offer, but if they then discriminate on the basis that you have an EAD as opposed to a green card, we run into all the stuff with Equal Employment laws and rah rah rah.

[Dr_LHA 3]

- in any state - they are even allowed to ask whether you're a USC, LPR or simply an EAD holder (caveat: for jobs unlike yours!). I believe they are simply allowed to ask "Are you authorised to work in the US?" Not how long for, not the type of authorisation you hold, the kind of visa you have, or anything. Just whether or not you are legal. A bit like asking a woman if she is recently married or expecting to get pregnant; one of those things you just can't ask.

The trouble is that most employers will ask, so what do you do? Not tell them? Tell them they're not allowed to ask? See how far that will get you!

The fact is its really up to them why they don't hire you, and unless you want to pursue legal action against an employer to try to prove they actually broke the law, you really won't have much luck. I'm not as convinced as you that EAD holders have such legal protections however.