Employers not knowing what EAD is?

[monyfer 27]

My husband got a call about a job the other day. They asked him if he was legally able to work in the US. He said yes. They asked him if he had a green card. He said no, he has an employment authorization document, but he should have a green card in a few months. They continued to ask him if he needed sponsorship to work in the US. I think most employers probably don't know what the EAD is. I am afraid because he said he doesn't have GC, they will just think he has some kind of visa or is not really able to work because they do not know what EAD is.......anyone else have this problem or any suggestions?

[Lainie B 465]

Try telling them "work permit" - I think that it used to be known by this name and some employers might be more familiar with this name. Also tell them it is listed as an I-9 document under List A (Item 4).

If you really want to push hard refer them to the anti-discrimination statement on the I-9: "It is illegal to discriminate against work-authorized employee. Employers cannot specify which document(s) they will accept from an employee. The refusal to hire an employee because the documents presented have a future expiration date may also constitute illegal discrimination"

http://www.uscis.gov/files/form/i-9.pdf

(but hopefully it won't come to that)

Edited January 29, 2012 by Lainie B

[Rebecca Jo 1,962]

Technically, the employer should not have asked him that question.

Verification of a persons legal employment status is not supposed to occur until an offer of employment has been made (by the employer) and accepted (by the job applicant). After this, the employer asks the employee to complete an I-9 form.

Depending on where you live in the US, you may find many employers are unfamiliar with immigration documents. I would say many employers really wouldn't know what an EAD is. These are the same employers who illegally demand to see a green card if the applicant appears ethnic or is accented.

A long time ago in this community, a gentleman from the UK had a head-hunter help him develop a US resume. The head-hunter suggested the following wording for the final line of the resume:

"I am legally authorized for employment in the United States and require no sponsorship to accept employment".

In the meanwhile, it may be necessary for your husband to "educate" potential employers. If he comes up against a brick wall and feels he has been denied a position due to his alien status, he might consider filing a complaint with the Equal Employment Opportunity Commission.

[tmma 467]

...................

"I am legally authorized for employment in the United States and require no sponsorship to accept employment".

In the meanwhile, it may be necessary for your husband to "educate" potential employers. If he comes up against a brick wall and feels he has been denied a position due to his alien status, he might consider filing a complaint with the Equal Employment Opportunity Commission.

Yes. That's what roughly what Mark had/has on his resume.

He came across people in HR who didn't know their azz from a hole in the ground and needed him to explain.

Edited January 29, 2012 by tmma

[monyfer 27]

Thanks! Hubby does have a line on his resume that says he is authorized to work in the US for any employer. The person who asked him was from a recruiting firm and probably was not the most knowledgable. Hopefully in the future this will not be an issue. I also understood they were not supposed to ask such a question until an offer of employment had been made, and to do so beforehand can put them at risk for discrimination. Thanks for clarifying! Hopefully this will not be a huge issue going forward with other potential employers.