HELP.. Denied a job for not having a GC yet... Is this legal?

[Pee&Eee 70]

Just now, kvito28 said:

I understand it. Had they provided a different reasons for not hiring me I would not have made any fuss about it. Knowing the reason is what really bothers me since I have always wanted this job. I know that there isn't much I can do, but I am at least going to try to do something.

Oh yes! Please do, I would do the same. I think you have a strong case here since there outrightly told you that. The HR person obviously does not know the rules.

[geowrian 22,338]

Any non-citizen may at some point require a visa or sponsorship (even an LPR...in the event they were to lose or abandon their status). However, it is a reasonable response to answer "no" in that you will not require a sponsorship from that employer in order to work. That's the purpose of that question, not whether somebody's family member is currently sponsoring the individual. The employer is not qualified, nor would it be appropriate, to determine the validity of one's familial relationship nor any immigration matters.

[Diane and Chris 651]

Perhaps your green card will be approved and come very soon. In looking at your timeline, I see that your EAD was approved in 41 days. Amazing!  My husband’s took 141 days. I hope your AOS is approved soon and I hope you get this great job that you really want. Good luck!  Let us know what happens. 

[GEOntificator 282]

3 minutes ago, Diane and Chris said:

Perhaps your green card will be approved and come very soon. In looking at your timeline, I see that your EAD was approved in 41 days. Amazing!  My husband’s took 141 days. I hope your AOS is approved soon and I hope you get this great job that you really want. Good luck!  Let us know what happens. 

I need to have my interview scheduled first... I do not think I will get my GC in the next few months. Thank you! I hope so!

[NigeriaorBust 4,087]

  They are correct in not offering the job.  To get clearance to PII and financial data at that level the requirements are very strict and a temporary status via EAD is not the same as a resident and not qualified to be cleared.

[GEOntificator 282]

Just now, NigeriaorBust said:

  They are correct in not offering the job.  To get clearance to PII and financial data at that level the requirements are very strict and a temporary status via EAD is not the same as a resident and not qualified to be cleared.

I know plenty of H1B holders working at the same exact position. Getting licenses such as Series 7 and etc also do not require permanent residency. Do you have a source to back up your claim?

[Boiler 46,059]

My Brother worked for Morgan Stanley and did a spell in New York for them, he was not a USC or PR.

[GEOntificator 282]

1 minute ago, Boiler said:

My Brother worked for Morgan Stanley and did a spell in New York for them, he was not a USC or PR.

May I ask if your brother took Series 7 exam when he still was not USC or PR?

[CheeseMonstah 87]

Here's a business advice, as so many others provided immigration advice:

 

Threaten or suggest discrimination and/or legal action, and only 2 things can happen:

 

a) they continue to not offer you the job

b) they offer the job, and label you as someone who could sue them at any point in the future

 

Neither option is a good one. I would not go the route of suggesting or implying discrimination. 

[NigeriaorBust 4,087]

§ 6010. “United States person” defined. As used in this chapter, the term “United States person” means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.      You have yet to be admitted for residence .  You are still adjusting status. 

[GEOntificator 282]

Just now, CheeseMonstah said:

Here's a business advice, as so many others provided immigration advice:

 

Threaten or suggest discrimination and/or legal action, and only 2 things can happen:

 

a) they continue to not offer you the job

b) they offer the job, and label you as someone who could sue them at any point in the future

 

Neither option is a good one. I would not go the route of suggesting or implying discrimination. 

So just stop and not try to get a job that I want? Is that the suggestion? I think this is very much an example of up-front discrimination and I will try to do something about it. I am not threatening anyone, but rather giving them more information about laws and rules which otherwise they may not have.

[GEOntificator 282]

2 minutes ago, NigeriaorBust said:

§ 6010. “United States person” defined. As used in this chapter, the term “United States person” means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.      You have yet to be admitted for residence .  You are still adjusting status. 

How does this relate to my situation?

[CheeseMonstah 87]

1 minute ago, kvito28 said:

So just stop and not try to get a job that I want? Is that the suggestion? I think this is very much an example of up-front discrimination and I will try to do something about it. I am not threatening anyone, but rather giving them more information about laws and rules which otherwise they may not have.

Didn't say that. Just said I wouldn't suggest this route.

 

Also, it's not discrimination since you're not a US person yet.

[GEOntificator 282]

1 minute ago, CheeseMonstah said:

Didn't say that. Just said I wouldn't suggest this route.

 

Also, it's not discrimination since you're not a US person yet.

Citizenship or immigration status

Employers must not discriminate with respect to hiring, firing, recruitment or referral for a fee against individuals because they are or are not U.S. citizens or because of their immigration status or type of employment authorization

U.S. citizens, noncitizen nationals, permanent residents, asylees, and refugees

All employers with more than 3 employees are covered.

 

 

Where does this mention anything about being a US person?

[Pumkin 7]

If you believe you have been discriminated against because you are not a full-fledged citizen, even though you are authorized to work in the US, contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices, PO Box 27728, Washington, DC 20038-7728, or call 800-255-8155.