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

[GEOntificator 282]

  On 7/12/2018 at 7:44 PM, missileman said:

Yep.  Another reason CR-1 visas are superior to K-1s and AOS cases.....

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I am adjusting from F-1. 

[geowrian 22,338]

  On 7/12/2018 at 6:26 PM, 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. 

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This is solely with regards to Cuba. In the US Code you posted you cut off the part that says " As used in this chapter...". The chapter referenced (Title 22, Chapter 69) is for Cuba and US policies directed at it...specifically sanctions and travel. it has no applicability to employment.

 

  On 7/12/2018 at 7:17 PM, CheeseMonstah said:

I went thru something kiiiiind of comparable. Went to get my drivers license with my conditional green card. Got a big "TEMP IMMIGR STATUS" printed on it.

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That is applying for a government-issued benefit, which can be restricted based on immigration status. This is for an employment opportunity, which is only limited by one's authorization to work (barring very limited exceptions).

 

Again, pursuing any kind of discrimination claim is a very tough measure. As noted, getting hired after pushing the issue will likely not be a pleasurable or long term experience. Suing for damages if not hired is a major headache and risky. The law is they are not permitted to discriminate on this basis. Reality may be tougher. Unlike the movies, running in with guns blazing won't get very far.

Keeping it civil and getting them to recognize their mistake is optimal. Most places will listen, at least from what I've noticed. Generally, if they like you as a job applicant and want to hire you, they will figure it out in the end. It's in their interest to do so...they just often don't know what is or isn't required for people in the OP's situation. Heck, the SSA and DMV regularly make the same mistakes with status in the same situation, and they actually are supposed to know this stuff (especially the SSA). Unless there is some regulation barring them from hiring somebody with only an EAD (unlikely), and they actually want to hire you, it's just a process.

 

  On 7/12/2018 at 7:51 PM, Ksenia_O said:

Agree. But it does not work if there are children over 18 but under 21. Then K1/K2 is the only option.

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Yup, that is one of the few situations where a K-1 may make more sense (assuming the child is immigrating too).

[azblk 338]

HR dropped the ball on this one. Better to move on to another opportunity and come back when you have your green card. Let this be a lesson learned, do not discuss your immigration status during interviews. If asked simply say you have the legal right to work in the US period. Since they did not offer you the job yet it is hard to prove they didn't hire you because you are on an EAD. If you gave them a valid EAD when verifying documents for i-9 and they refused to accept it or fired you then you have a case at that point.

[GEOntificator 282]

  On 7/12/2018 at 7:58 PM, azblk said:

HR dropped the ball on this one. Better to move on to another opportunity and come back when you have your green card. Let this be a lesson learned, do not discuss your immigration status during interviews. If asked simply say you have the legal right to work in the US period. Since they did not offer you the job yet it is hard to prove they didn't hire you because you are on an EAD. If you gave them a valid EAD when verifying documents for i-9 and they refused to accept it or fired you then you have a case at that point.

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I know this I try to not mention anything beyond me being authorized to work in the US. However, I was directly asked if I am a US citizen or a permanent resident... lying to that question is the worst thing one can do. Question still needs to be answered and there is no way around not disclosing my immigration status in this specific case.

Edited July 12, 2018 by kvito28

[NigeriaorBust 4,087]

 There are hundreds of thousands of jobs that require you to be a US person to be hired.  It has to do with the quirks of being able to apply US law to you.  Non residents are exempt from some elements and because of that their can't give you the clearance you need.  That being said some clearances take over a year to get , so you would have a green card by the time the investigations are done , but due to the costs they won't even start one without the US person status.   Believe me you will get no where with crying discrimination. 

[ekim 10]

  On 7/12/2018 at 8:01 PM, kvito28 said:

I know this I try to not mention anything beyond me being authorized to work in the US. However, I was directly asked if I am a US citizen or a permanent resident... lying to that question is the worst thing one can do. Question still needs to be answered and there is no way around not disclosing my immigration status in this specific case.

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I think employers are not allowed to ask about your immigration status, if you are a US citizen or not but they can ask if you are allowed to work.

[Mollie09 1,543]

  On 7/12/2018 at 8:11 PM, ekim said:

I think employers are not allowed to ask about your immigration status, if you are a US citizen or not but they can ask if you are allowed to work.

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Yes, they are allowed to ask. It's a field in the I-9.

[Diane and Chris 651]

  On 7/12/2018 at 6:11 PM, kvito28 said:

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!

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You may not need an interview. My friend got hers in 7 months with no interview!  

[GEOntificator 282]

  On 7/12/2018 at 8:16 PM, Diane and Chris said:

You may not need an interview. My friend got hers in 7 months with no interview!  

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I have never hear of not having an interview unless adjusting from K-1 (in which case it is still extremely rare). I am adjusting from F-1.

[Diane and Chris 651]

  On 7/12/2018 at 8:18 PM, kvito28 said:

I have never hear of not having an interview unless adjusting from K-1 (in which case it is still extremely rare). I am adjusting from F-1.

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Oops!  Didn’t realize you were adjusting from F-1. My mistake.....

[azblk 338]

  On 7/12/2018 at 8:13 PM, Mollie09 said:

 

Yes, they are allowed to ask. It's a field in the I-9.

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Only for verifying employment authorization. Not for deciding whether to offer the job or not.

[ekim 10]

  On 7/12/2018 at 8:13 PM, Mollie09 said:

 

Yes, they are allowed to ask. It's a field in the I-9.

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During the interview? OP was asked that question during the interview.

[A&H2018 148]

Very likely Morgan Stanley has a quota for anyone who is not a USC/LPR on each visa they employ. Even though you are not taking up any of those spots, you mess up their quota/#s. 

I beleie someone on this forum, got the government to call HR and deal directly with their case and HR then backed off. Very likely this is your only option.

 

Someone needs to relax HR that their quota is not out of whack.

 

I know people say oh they can't ask that or blah blah. Financial firms differ you are better off being transpartent from the start and trying to fix it later on. Unless you plan to be a part of a massive class action just way it is for now. If you refused to answer the question they wouldn't have been discussed a possible job offer.

Edited July 12, 2018 by A&H2018

[GEOntificator 282]

  On 7/12/2018 at 8:11 PM, ekim said:

I think employers are not allowed to ask about your immigration status, if you are a US citizen or not but they can ask if you are allowed to work.

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The person who asked me the question is the hiring manager who is genuinely trying to hire me and help me out. Although it is wrong to ask such a question, I am not going to do anything about it. It is just wrong in my opinion. If I have to wait I will... 

[A&H2018 148]

  On 7/12/2018 at 8:29 PM, kvito28 said:

The person who asked me the question is the hiring manager who is genuinely trying to hire me and help me out. Although it is wrong to ask such a question, I am not going to do anything about it. It is just wrong in my opinion. If I have to wait I will... 

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If you want to work in finance you did the right thing do not worry. The manager is very upset ot lose you too for sure.