Discriminated at job interview

[broppy 204]

5 minutes ago, Lemonslice said:

Lawfull permanent residents are eligible to be hired - no distinction made on 2- or 10-year green card, or i551:

https://about.usps.com/handbooks/el312/el312c5_025.htm 

https://about.usps.com/handbooks/el312/el312c5_026.htm

 

For employment, LPR is LPR. 

 

Hmmn. That second link says (emphasis mine):

Quote

Hiring officials ensure completion of OMB Form I–9, Employment Eligibility Verification, review supporting documents, and verify the applicant’s status only after extending a bona fide job offer for a career or noncareer position. The review of documents and determination of status must be conducted in the same way for a United States citizen, a lawful permanent resident alien (one who possesses a “green card”), and a citizen of American Samoa or other territory owing permanent allegiance to the United States. Individuals granted only asylum status, refugee status, or conditional permanent resident status are not eligible for Postal Service employment.

 

They do appear to make a distinction.

[mindthegap 2,590]

13 minutes ago, Lemonslice said:

Lawfull permanent residents are eligible to be hired - no distinction made on 2- or 10-year green card, or i551:

https://about.usps.com/handbooks/el312/el312c5_025.htm 

https://about.usps.com/handbooks/el312/el312c5_026.htm

 

For employment, LPR is LPR. 

 

Regarding the latter link, I am pretty sure that most of 552.2 is illegal!

You can't state that it needs to meet I-9 AND your own internal standards  

 

It also says that:

- A foreign passport with an I-551 stamp does not meet the postal services requirements.

- An endorsed immigrant visa with I-551 stamp is not acceptable.

- A receipt for a lost document is acceptable, but a replacement must be produced within 30 days

 

What planet are they on?

Edited October 31, 2017 by mindthegap

[KC & SC 6]

I'm so confused. I am a permanent resident but conditional resident?? 

 

https://my.uscis.gov/helpcenter/article/can-i-work-if-my-conditional-green-card-has-expired

 

Job post said I had to be a lawful permanent resident. According to the link above, I am one. 

Anyway, they are doing screening and checking my status with DL and SSN. I will find out soon. 

[kris&me 572]

we all have to show Photo ID and SS card / they actually (now) make copies of them when going for  job or doctor appointment

the person was asking for green card as told to do for ID 

if you show just ss card you needed to provide photo ID to back it up that it belonged to u

i was born  in the US and am american Indian and i still have to show ID / my family has been here for thousand of year

[Troy P 34]

I am failing to see the issue. If you have no green card you are either in AOS or let it lapse and applying for ROC. It is their policy and as simple as that.  I can understand them not wanting to invest their time and money into someone that may not become a permanent resident. EAD allows you the privilege and gives you the opportunity to obtain employment. It is up to them if they want to hire you, their policy is published.  Other companies may say sorry we decided on another candidate without telling you the reason you didn't get the job.

Edited October 31, 2017 by Troy P

[KC & SC 6]

I am wondering USPS does not accept conditioinal green card holders is considered legal even though I-9 specifies

not to discriminate.

So I contacted Dept of Justice again asking them to check. 

USPS is one of the positions I applied and I am looking into other areas too. It is ok, they cut me out.

But I still want clear answer why it is OK for USPS for not accepting conditional green card holders, if that is truly

the case.

 

[mindthegap 2,590]

24 minutes ago, Troy P said:

I am failing to see the issue. If you have no green card you are either in AOS or let it lapse and applying for ROC. 

In ROC, the card expires, but the status does not.

The card is proof of status, nothing more, and as I-9 clearly states, there are many ways of proving your legal status.

The only means of proving your status when in ROC (which is an extension letter or passport stamp)  appear to be unacceptable to USPS, despite the law saying otherwise.

 

25 minutes ago, Troy P said:

 I can understand them not wanting to invest their time and money into someone that may not become a permanent resident. 

A conditional permanent resident is still a permanent resident. They are conditional only in respect that their status must be validated after a set period. 

 

26 minutes ago, Troy P said:

 EAD allows you the privilege and gives you the opportunity to obtain employment.

EAD has nothing to do with ROC.

 

 

27 minutes ago, Troy P said:

 It is up to them if they want to hire you, their policy is published.  Other companies may say sorry we decided on another candidate without telling you the reason you didn't get the job.

The OP was not complaining that they didn't get hired - they were complaining that USPS is breaking the law regarding acceptable documentation, and specifying which documentation the applicant is to provide.

They are also discriminating based on an applicants immigration status and whether the documents have a future expiry date.

 

All of these and more are very clearly set out in I-9 which is federal law - it has nothing to do with company hiring policy.

 

 

 

 

18 minutes ago, KC & SC said:

I am wondering USPS does not accept conditioinal green card holders is considered legal even though I-9 specifies

not to discriminate.

So I contacted Dept of Justice again asking them to check. 

It would appear to be contradictory to multiple parts of the law.

 Please post back if you get a response. 

[Ontarkie 14,226]

21 minutes ago, KC & SC said:

I am wondering USPS does not accept conditioinal green card holders is considered legal even though I-9 specifies

not to discriminate.

So I contacted Dept of Justice again asking them to check. 

USPS is one of the positions I applied and I am looking into other areas too. It is ok, they cut me out.

But I still want clear answer why it is OK for USPS for not accepting conditional green card holders, if that is truly

the case.

 

They only hire USC, so no you will not be hired at USPS and yes it's legal. 

[Andrea&Henry 311]

I worked for HR specifically doing the I9 and e-verification. I went through training with an USCIS personnel and the extension letter is not an acceptable document because you cannot make copies to it. You can look for the i9 manual which is accessible and free for anyone.

 

For a greencard holder you can only take the green card or the i551 stamp along with the SSN. The SSN plus the Driver's license is only to verify US citizens.

 

I've seen this myself in the 3 companies I've worked so far since I started working in the US where they don't take the extension letter as a proof of legal residency and people turn down jobs for that. I know exactly what the letter says but the USCIS somehow contradicts itself.

 

Plus in their website they are very clear about the elegibility...remember the USPS is a FEDERAL AGENCY 

 

55 Eligibility to Work in the Postal Service

551 Determining Eligibility at the Screening Stage

To be eligible for career or noncareer Postal Service employment, an applicant must be a United States citizen, a lawful permanent resident alien (one who possesses a “green card”), or a citizen of American Samoa or other territory owing permanent allegiance to the United States. This requirement is addressed at the application screening stage by reviewing the applicant’s answer to Item E1, PS Form 2591, Application for Employment. Citizenship documents are not reviewed at this stage.

On PS Form 2591, if the applicant responds that he or she

1. Is not a U.S. citizen, a lawful permanent resident alien, or a citizen of American Samoa or other territory owing permanent allegiance to the United States, the applicant is not eligible for employment.
2. Is a U.S. citizen, a lawful permanent resident alien, or a citizen of American Samoa or other territory owing permanent allegiance to the United States, then the applicant continues in the hiring process.

Edited October 31, 2017 by Andrea&Henry

[Mollie09 1,543]

3 minutes ago, Andrea&Henry said:

I worked for HR specifically doing the I9 and e-verification. I went through training with an USCIS personnel and the extension letter is not an acceptable document because you cannot make copies to it. You can look for the i9 manual which is accessible and free for anyone.

 

For a greencard holder you can only take the green card or the i551 stamp along with the SSN. The SSN plus the Driver's license is only to verify US citizens.

 

I've seen this myself in the 3 companies I've worked so far since I started working in the US where they don't take the extension letter as a proof of legal residency and people turn down jobs for that. I know exactly what the letter says but the USCIS somehow contradicts itself.

 

DL and SSC is valid for anyone, nowhere in the I-9 guidelines does it state it's only for citizens.

FWIW I started a job with an unrestricted SSC and my Global Entry card while my ROC was pending.

[Andrea&Henry 311]

4 minutes ago, Mollie09 said:

 

DL and SSC is valid for anyone, nowhere in the I-9 guidelines does it state it's only for citizens.

FWIW I started a job with an unrestricted SSC and my Global Entry card while my ROC was pending.

That's true is you have an unrestricted SSN, many people still uses the "Work under DHS authorization" while having the GC or doing ROC

[Mollie09 1,543]

4 minutes ago, Andrea&Henry said:

That's true is you have an unrestricted SSN, many people still uses the "Work under DHS authorization" while having the GC or doing ROC

Yes, but GC holders can get unrestricted SSC at any time. So it's not only for US citizens.

[Suss&Camm 2,213]

1 hour ago, Ontarkie said:

They only hire USC, so no you will not be hired at USPS and yes it's legal. 

Their policy clearly specifies also LPR's but then goes on to differentiate between different types of LPR's, something that the law does not support.

 

Very interesting case circumstances imo, also very interested in the response OP will get to his inquiry.

Edited October 31, 2017 by Suss&Camm

[Ontarkie 14,226]

7 minutes ago, Suss&Camm said:

Their policy clearly specifies also LPR's but then goes on to differentiate between different types of LPR's, something that the law does not support.

 

Very interesting case circumstances imo, also very interested in the response OP will get to his inquiry.

Maybe things are changing. I know when I was looking into applying there. They were very clear in the requirements that one had to be a USC. 

[Suss&Camm 2,213]

Just now, Ontarkie said:

Maybe things are changing. I know when I was looking into applying there. They were very clear in the requirements that one had to be a USC. 

Yea, I have no idea how old that policy is, but it could also be uninformed staff that spoke to you. Wouldn't be the first.