I was denied employment on my EAD

[sk28 1]

That only applys to students and if you are not US citizen you need to regsiter with TSA. I am allready a flight instructor with US certificate.

Just a question to find out more info. So you got certified as a flight instructor in the US? When and where? Your AOS is still pending so you are technically not a legal permanent resident. Your status as a PR is pending. They might not be able to hire you for this position because of that, even with your EAD. I just find it curious how you got trained in the US. Did you come to the US on a student visa first?

Ok, I have never been out of status in the USA. I got my CFI in 2001,under M-1, went back home and I was flying for 3 years in Europe. I came back in USA on F-1 to finish my university. I got my first EAD on F-1 in 2005. I wasn’t employed but worked as a contracted flight instructor. I received some additional trying in 2006 and went true the TSA for non us citizen pilots. Received the additional training worked as CFI. Last year I also meet my wife we got married this summer and now I am in AOS pending. All of my flight licenses have bee FAA (US).

[thetreble 19]

Well you are legitimate in terms of what you have done then. Wanna take me in a plane some time? But, as some have said, some jobs are only open to USC. I know that, for example, I can't work for certain airlines because I have seen their company protocol being "must be a USC to apply". It's not necessarily right, but it is completely legal for them to do so.

[sk28 1]

Well you are legitimate in terms of what you have done then. Wanna take me in a plane some time? But, as some have said, some jobs are only open to USC. I know that, for example, I can't work for certain airlines because I have seen their company protocol being "must be a USC to apply". It's not necessarily right, but it is completely legal for them to do so.

For a pilot position in the airlines there is no USC requirement. The only thing is employment authorization and some will require that you have an unrestricted passport, like you don’t need visas to the country the airline flies. This usually does not apply to regional airlines as they only fly in US.

[MATTOB 0]

I'm guessing after 9-11 they are far stricter on such things. I'm sorry, such a pain. I hope you can find some rewarding alternative employment.

[payxibka 10,045]

For a pilot position in the airlines there is no USC requirement. The only thing is employment authorization and some will require that you have an unrestricted passport, like you don’t need visas to the country the airline flies. This usually does not apply to regional airlines as they only fly in US.

This would be true if you consider Canada, Mexico and the Carribean as "in the US".

[Cécy 44]

I don't really see how you can expert to work anyway right now since you just applied for your AOS and even if you applied for EAD you have to wait for them to approve it.

I believe that you loose your student status as soon as you apply for AOS (someone correct me if I'm wrong). So right now, it doesn't matter whether you are a US citizen or not because at this moment you do not have the required papers to be allowed to work, at least according to your timeline.

[kitkat1 5]

I don't really see how you can expert to work anyway right now since you just applied for your AOS and even if you applied for EAD you have to wait for them to approve it.

I believe that you loose your student status as soon as you apply for AOS (someone correct me if I'm wrong). So right now, it doesn't matter whether you are a US citizen or not because at this moment you do not have the required papers to be allowed to work, at least according to your timeline.

He said he has his EAD. Perhaps he received a temp. stamp upon entry.

[Boiler 45,536]

I don't really see how you can expert to work anyway right now since you just applied for your AOS and even if you applied for EAD you have to wait for them to approve it.

I believe that you loose your student status as soon as you apply for AOS (someone correct me if I'm wrong). So right now, it doesn't matter whether you are a US citizen or not because at this moment you do not have the required papers to be allowed to work, at least according to your timeline.

He said he has his EAD. Perhaps he received a temp. stamp upon entry.

You need a GC to get a job at the Post Office, EAD wil not cut it.

[Dr_LHA 3]

Yes, certain jobs require a Green Card. In my job before I had my green card I had to get special clearance from the DOS to work on the project. Now I'm a Green Card holder I'm considered a "US Person" for security purposes, so no special clearance is needed.

I don't know what the rules for a private flight school would be however. Hard to imagine that they would require citizenship.

[Tom_Jim 40]

Hey Sasho,

Sorry to hear about your situation. I am working on my PPL as well and enjoy aviation. Are you part of VATSIM at all? Anyway, as far as working being a CFI, I would imagine that each employer can hire at their own discretion. The FBO near my place has a CFII who is not a GC holder or USC. He's on an H-1B, and trains PPL students all the time.

There was someone who mentioned that it's against the law to discriminate against job applicants based on immigration status. I would disregard that statement. There is no such law and if there is, I'd love to see the citation.

Perhaps the FBO being in the south, may have some bearing to their decision on hiring practices.

Good luck

[payxibka 10,045]

I would agree... according to the EEOC the Federal laws prohibiting job discrimination are race, color, religion, sex, national origin and qualified individuals with disabilities;

Immigration status is not a protected class......

[Dr_LHA 3]

There was someone who mentioned that it's against the law to discriminate against job applicants based on immigration status. I would disregard that statement. There is no such law and if there is, I'd love to see the citation.

All right then. Have a read of this site:

http://www.usdoj.gov/crt/osc/index.html

and read this guide for employers:

http://www.usdoj.gov/crt/osc/pdf/en_guide0507.pdf

Quoting from Page 5 of that document:

Avoid "citizens only" hiring policies or requiring that applicants have a particular immigration status. In most cases, these practices are illegal.

The obvious get out clause here is a job requiring high level clearance.

Edited August 10, 2007 by Dr_LHA

[Yodrak 7]

The INA contains provisions prohibiting discrimination in the application of employment eligibilty verification requirments, which could otherwise be easily used to discriminate on the basis of immigration status. Not the same thing as the EEOC protected classes, but can have a similar effect to some extent.

The INA also prohibits discrimination on the basis of "citizenship status" against "protected individulas", those protected individuals being citizens of the USA or

- nationals of the USA,

- LPRs,

- temporary residents,

- and persons granted refuge or asylum status.

I don't know if the term "citizenship status" as used above means the same thing that you mean by "immigration status" or not. I also don't know what the term "temporary residents" as used in the above list means.

See USCIS Manual M-274 Handbook for Employers and see what you think. [EDIT: Perhaps the references provided by Dr_LHA are better, i.e. clearer and more comprehensive. I haven't read those yet.]

Yodrak

I would agree... according to the EEOC the Federal laws prohibiting job discrimination are race, color, religion, sex, national origin and qualified individuals with disabilities;

Immigration status is not a protected class......

Edited August 10, 2007 by Yodrak

[kitkat1 5]

There was someone who mentioned that it's against the law to discriminate against job applicants based on immigration status. I would disregard that statement. There is no such law and if there is, I'd love to see the citation.

U.S. Department of Labor:

http://www.dol.gov/dol/topic/discrimination/immdisc.htm

The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.

[sk28 1]

I would agree... according to the EEOC the Federal laws prohibiting job discrimination are race, color, religion, sex, national origin and qualified individuals with disabilities;

Immigration status is not a protected class......

The form I-9 states:

Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.

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

Edited August 10, 2007 by Sasho