How should I communicate my work eligibility status if still waiting for EAD?

[jtrh 27]

My EAD likely won't be approved till the second half of May, if VJ timeline proves correct. 

 

However, I'm bored out of my mind not working AND there are a few great job opportunities in my field that are open right now. I want to try my hand at applying and using a potential job offer for an EAD expedite. 

 

At the same time, since the field I work in is quite insular, I don't want to stretch the truth about my status and make the expedited EAD sound like a sure thing; this could piss off potential hiring companies in my field in the long run.

 

People who have applied for jobs while waiting for their EAD, how and when did you communicate your complicated status?

 

My worry is if I'm not upfront about it in my resumé, it will be seen as a rude surprise down the line. But if I do reveal that I'm not yet authorized to work in my resumé, I won't receive a single callback from employers... 

[JFH 12,190]

Is this purely out of boredom or out of financial need? If it’s just to find something to do, there are plenty of things you can do that don’t require an EAD such as volunteering to help those less fortunate or animals or something. 

 

Personally, I think it’s best to be upfront with the employer from day one. If you’re good enough and worth the wait and the risk, they will wait for you. Don’t upset them by stringing them along giving them the impression you are able to work immediately or that you are guaranteed to get the expedite - you never know when your paths may cross again. Even if you don’t get the job, you don’t want to burn your bridges also. 

 

I applied for my job before I immigrated. I was upfront that I was awaiting interview for my IR-1 and they were fine with that. They were happy to wait for the right candidate for the job. Once I got my visa I notified them of my planned arrival date in the country and all was good. 

[mushroomspore 3,044]

There's not much you can do except hope the employer is smart enough to be familiar with the immigration process and nice enough to write a job offer letter for you to expedite the EAD. Be upfront about your status; you AND an employer can get into major trouble if you are dishonest. Sorry but this is one of the most annoying aspects of the AoS process. You really arent able to do anything until you get that EAD.

[JFH 12,190]

More food for thought for those still choosing between K-1 and CR-1. Even if money is not an issue, boredom can be a big one. 

[ineedadisplayname 499]

9 hours ago, JFH said:

More food for thought for those still choosing between K-1 and CR-1. Even if money is not an issue, boredom can be a big one. 

@jtrh

 

Maybe I am the single person here who had a good time while waiting for the EAD. I didn't spend too much money, but still found stuff to do. Free museums, meetups, cheap movies during the day, there are a lot of events at public libraries you can attend for free, even classes sometimes...

Also it was nice having a break from work and try to pursue new hobbies and just doing something completely different.

After EAD it's hard to do anything else....

 

To be on topic.

It highly depends on the company if they are willing to talk to you about a possible employment offer before EAD and if they are willing to wait for you. I

My experience is that the first thing they ask if you are authorized to work legally in the US.  Don't lie about that!

I was not actively looking because I knew that the EAD is unpredictable, but since I was networking at various events, I've got invited to submit resumes or talk to hiring managers. Usually the consensus was to let them know when I have the card in hand, because USCIS timelines are unpredictable.

 

Also I didn't want to submit my resume to companies where I wanted to work before the EAD to avoid being filtered out and when I get my EAD to be still ignored because I applied before...Companies has weird ways around here....

 

Maybe your field is different and they do more direct hires and also the company's HR is knowledgeable about immigration.

I was worried of the gap in my resume,  and yes they asked about it, but since I had a good reason (waiting for the EAD) it was not an issue. Be prepared that they might ask or better if you say that during this time, you still kept yourself up to date with what happening in your industry, or reading/learning new stuff related to your job.

 

Edited February 24, 2019 by ineedadisplayname

[junkmart 320]

On 2/23/2019 at 10:05 AM, LizM said:

I haven't applied for a single job that did not ask if I was legal to work in the US, and before I had my EAD I obviously would have had to tick "no". Since it's unlikely you'll get around that question if you apply formally, your best bet is probably if you know someone who can overlook the fact that you don't have your EAD but you're eligible to get one, ie through networking/connections. From what I've seen, this is how people have gotten jobs and expedited their EADs before. Without knowing someone on the inside it might be tough though. Even once having the EAD status, many employers don't exactly know what it means.

The Immigration Reform and Control Act forbids an interviewer from asking if you have work authorization before or during an interview. Only after a job offer is made may a potential employer ask about immigration status.

Edited February 26, 2019 by junkmart

[junkmart 320]

20 minutes ago, LizM said:

Well in that case every single potential employer I've applied to is breaking the law 

 

It's absolutely legal for them to ask if you're authorized to work in the US, and if you will now or in the future require sponsorship, early on in the interview process - virtually all employers ask these questions already at the application stage. Asking to see documents before an offer has been accepted, or preferring certain documents over others (as long as they're accepted for the I-9) is not legal. 

 

Did you maybe mean it's illegal for them to ask specifically if I have an EAD? I'm not well enough informed on previous discrimination cases and their outcomes, because from what I have read so far in the fine print I haven't found any conclusive answer to this. It's definitely happened to me in every single process I've been in that went past application stage however. I have been asked both about the type of document, the expiration date, as well as the reason for holding the document. In my opinion I shouldn't have to answer these questions before an offer has been made, but I also wanted to be accommodating with potential employers. It's not ideal.

I believe you when you say you have been asked in all interviews. I included a link to the source government document in my post. I stand by what I wrote.

Edited February 26, 2019 by junkmart

[junkmart 320]

39 minutes ago, LizM said:

Well in that case every single potential employer I've applied to is breaking the law 

 

It's absolutely legal for them to ask if you're authorized to work in the US, and if you will now or in the future require sponsorship, early on in the interview process - virtually all employers ask these questions already at the application stage. Asking to see documents before an offer has been accepted, or preferring certain documents over others (as long as they're accepted for the I-9) is not legal. 

 

Did you maybe mean it's illegal for them to ask specifically if I have an EAD? I'm not well enough informed on previous discrimination cases and their outcomes, because from what I have read so far in the fine print I haven't found any conclusive answer to this. It's definitely happened to me in every single process I've been in that went past application stage however. I have been asked both about the type of document, the expiration date, as well as the reason for holding the document. In my opinion I shouldn't have to answer these questions before an offer has been made, but I also wanted to be accommodating with potential employers. It's not ideal.

Here is another link from USCIS backing up what I wrote: https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

Below is from the link. I've underlined and put in bold the pertinent sentences. I'm not saying that employers DON'T do all of the things listed below, I'm just saying that they are breaking the law when doing so.

Employee Rights

Employers must treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9, Employment Eligibility Verification.

Your employer may not: 

• Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic. For example, your employer may not:
  • Require that you show a document issued by the Department of Homeland Security because you are not a U.S. citizen.
  • Require a U.S. passport from you because you “sound foreign” and claim U.S. citizenship.
• Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.  
• Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen. 
• Ask to see your employment authorization documents before hiring you or before you complete Form I-9. 
• Refuse to accept your document or refuse to hire you because your document expires in the future. 
• Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract. 
• Demand a specific document when reverifying that you are authorized to work. You may present any document either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.

[C90 376]

3 hours ago, junkmart said:

Here is another link from USCIS backing up what I wrote: https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

Below is from the link. I've underlined and put in bold the pertinent sentences. I'm not saying that employers DON'T do all of the things listed below, I'm just saying that they are breaking the law when doing so.

Employee Rights

Employers must treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9, Employment Eligibility Verification.

Your employer may not: 

• Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic. For example, your employer may not:
  • Require that you show a document issued by the Department of Homeland Security because you are not a U.S. citizen.
  • Require a U.S. passport from you because you “sound foreign” and claim U.S. citizenship.
• Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.  
• Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen. 
• Ask to see your employment authorization documents before hiring you or before you complete Form I-9. 
• Refuse to accept your document or refuse to hire you because your document expires in the future. 
• Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract. 
• Demand a specific document when reverifying that you are authorized to work. You may present any document either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.

I don't see anywhere that they are not allowed to verbally ask you "are you allowed to work in the US or do you need sponsorship?" How would any employer ever be able to hire you if they have to find out afterwards they have to sponsor you or that you're not allowed to work for the next 2-3 months?

 

Every interview / phone screening I had asked me if I'm legally allowed to work. I say yes and they say wonderful. Don't ask for my EAD, just some info on if it will expire (they don't ask dates) and some companies are not too familiar, so they'll ask me quickly how it works. A lot of companies never worked with immigrants, especially smaller companies.

[C90 376]

On 2/23/2019 at 10:36 AM, jtrh said:

My EAD likely won't be approved till the second half of May, if VJ timeline proves correct. 

 

However, I'm bored out of my mind not working AND there are a few great job opportunities in my field that are open right now. I want to try my hand at applying and using a potential job offer for an EAD expedite. 

 

At the same time, since the field I work in is quite insular, I don't want to stretch the truth about my status and make the expedited EAD sound like a sure thing; this could piss off potential hiring companies in my field in the long run.

 

People who have applied for jobs while waiting for their EAD, how and when did you communicate your complicated status?

 

My worry is if I'm not upfront about it in my resumé, it will be seen as a rude surprise down the line. But if I do reveal that I'm not yet authorized to work in my resumé, I won't receive a single callback from employers... 

Most employers will see on your resume that you're not born in the US (mostly cause your previous experience is prob from France I assume) and will ask if you're legally allowed to work. At that point you have to inform them that you're awaiting EAD. Most companies don't want to hire someone that they have to wait for, but if you have a special skill that's hard to find they might be willing to wait until you get your EAD (even expediting takes weeks). 

 

You could post your resume on job sites, but don't get your hopes up. Every phone screening / interview I have had up till now asked me if I'm allowed to work in the States (I already have my EAD)

[junkmart 320]

 

5 minutes ago, C90 said:

I don't see anywhere that they are not allowed to verbally ask you "are you allowed to work in the US or do you need sponsorship?" How would any employer ever be able to hire you if they have to find out afterwards they have to sponsor you or that you're not allowed to work for the next 2-3 months?

 

Every interview / phone screening I had asked me if I'm legally allowed to work. I say yes and they say wonderful. Don't ask for my EAD, just some info on if it will expire (they don't ask dates) and some companies are not too familiar, so they'll ask me quickly how it works. A lot of companies never worked with immigrants, especially smaller companies.

You are talking about something else entirely. We are in the K1 visa forum. You mention employers asking if a potential hire will need sponsorship. That is a different visa category.

 

Please reread what I posted from USCIS.

Again, I'm not saying this didn't happen to you, or that it doesn't happen to people all the time. Still doesn't make it right, or legal.

 

 

[C90 376]

Just now, junkmart said:

 

You are talking about something else entirely. We are in the K1 visa forum. You mention employers asking if a potential hire will need sponsorship. That is a different visa category.

 

Please reread what I posted from USCIS.

Again, I'm not saying this didn't happen to you, or that it doesn't happen to people all the time. Still doesn't make it right, or legal.

 

 

Nope, talking about the exact same (EAD) 

 

I came here on K1 last year and am going through the AOS process. Just got my EAD, so I know the process.

 

The company that calls/interviews you wants to know if you're legally allowed to work in the US. A lot of companies will ask "are you legally allowed to work in the US OR do you need sponsorship?" I'm aware that sponsorship is a completely different visa.

 

How are employers supposed to know if you're allowed to work in the US if they are not allowed to ask this question verbally up until the moment they give you an offer? They usually have a lot of applicants, it would cost a company a lot of time and money if they find out afterwards that you're a big waste of their time cause you can't even work for them at that moment.

[beloved_dingo 1,979]

I previously worked as a Hiring Manager, and we used Indeed often to post job openings. One of the options you can choose through Indeed as a requirement that applicants must answer Yes/No to is "Are you legally authorized to work in the U.S.?" This is also a common question on any basic job application.

 

You are not allowed to ask if a potential applicant is a U.S. citizen, unless the job requires citizenship (some government positions, for example). You cannot discriminate based on immigration status, and you cannot ask for documentation of status prior to an employee accepting an offer of employment. 

 

Asking if a potential employee is authorized to work is not discrimination because hiring an employee that does not have authorization is illegal. However the employer cannot ask for proof of said authorization until after the offer is made and accepted. That is the important distinction.

 

Additional info: https://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm 

 

https://www.uscis.gov/i-9-central/penalties

Edited February 26, 2019 by beloved_dingo

[junkmart 320]

26 minutes ago, C90 said:

Nope, talking about the exact same (EAD) 

 

I came here on K1 last year and am going through the AOS process. Just got my EAD, so I know the process.

 

The company that calls/interviews you wants to know if you're legally allowed to work in the US. A lot of companies will ask "are you legally allowed to work in the US OR do you need sponsorship?" I'm aware that sponsorship is a completely different visa.

 

How are employers supposed to know if you're allowed to work in the US if they are not allowed to ask this question verbally up until the moment they give you an offer? They usually have a lot of applicants, it would cost a company a lot of time and money if they find out afterwards that you're a big waste of their time cause you can't even work for them at that moment.

Again, they aren’t allowed to ask that prior to hiring you. Once they hire you, then they may ask for social or ead to fill out I-9. It’s a form of discrimination to ask before the hire. It is to prevent unscrupulous employers from asking because someone looks or sounds foreign. I know I cannot convince you otherwise, despite having posted links and verbiage directly from USCIS, but I hope it helps someone else to know their rights.

 

Employers skirt the law all the time. For instance when they refuse to pay overtime to eligible employees. This happened to me at my first job. I educated myself, quit, and reported them. They were fined and employees who i knew and still worked there benefited from me knowing what they were doing was illegal. I’m the USC, btw.

 

anyway, that’s the beauty of the forum. You can post your experience and advice, and so can I. People can read what we wrote, follow the links, do the research themselves, and come to their own conclusion. With that, I’ll bring this to a conclusion. I wish you the best in your journey!

Edited February 26, 2019 by junkmart

[C90 376]

2 minutes ago, junkmart said:

Again, they aren’t allowed to ask that prior to hiring you. Once they hire you, then they may ask for social or ead to fill out I-9. It’s a form of discrimination to ask before the hire. It is to prevent unscrupulous employers from asking because someone looks or sounds foreign. I know I cannot convince you otherwise, despite having posted links and verbiage directly from USCIS, but I hope it helps someone else to know their rights.

 

Employers skirt the law all the time. For instance when they refuse to pay overtime to eligible employees. This happened to me at my first job. I educated myself, quit, and reported them. They were fined and employees who i knew and still worked their benefited from me knowing what they were doing was illegal. I’m the USC, btw.

 

anyway, that’s the beauty of the forum. You can post your experience and advice, and so can I. People can read what we wrote, follow the links, do the research themselves, and come to their own conclusion. With that, I’ll bring this to a conclusion. I wish you the best in your journey!

You're completely right that they can not ask you to provide proof of EAD before they hire you. I think it was a miscommunication.

They are though, allowed to ask you the following: 

 

Culture/Natural Origin: You may ask if the individual can, "upon hire," provide proof of legal right to work in the United States. You may ask about language fluency if it is relevant to job performance. 

 

That's what I mean. They are allowed to ask you if you are allowed to work in the US when they hire you or even if you would need sponsorship (most resumes don't tell the employer what kind of visa you obtain(ed), so they're not always aware if you have an EAD/GC or need sponsorship for a work visa), but they are not allowed to say "we need proof of EAD before we even hire you." 

 

If OP would be asked the question above, the answer at this moment is no. Of course he could inform the employer that his application is pending and see if the employer is willing to wait for that.