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DAP Forums > DREAM Act > The Lounge

Official explanation of whether we need sponsorship or not from company

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#1
02-12-2013, 01:01 AM
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Joined in Oct 2012
72 posts
LittleBrand
0 AP
I was confuse when I answered this question and I emailed National Immigration Law Center to ask what is the correct answer and explanation when company asks "Do you need sponsorship for employment?"

I answered NO during my interview, and here is the email I got back from the attorney, I hope this help anyone that is looking for jobs!

Dear XX:

You have answered the questions correctly. You do have two years of work authorization through the DACA program, which means you are legally authorized to work until the expiration of your employment authorization document (EAD) in two years. We anticipate that you will be able to renew your work authorization at that time, but how that work at this point is not entirely clear.

In terms of employer sponsorship, you do not need employer sponsorship to start working, since you are already authorized to work based on the EAD through DACA.

When you begin your job, your employer should ask you to complete a Form I-9. That is the form that the government requires employers to have new employees complete to show that they are authorized to work. As part of that process, the employer will ask you for a document to show your identity and one to show your authorization to work (which will be your EAD). They will not necessarily know whether you are a US Citizen or a legal permanent resident, since under the Form I-9 rules, the employer cannot specify which identity and work authorization documents their employees show. Instead, the employee is free to choose those documents from the list of authorized documents.


Update:
Actually, the employee will know if you are citizen or GC on your I9 form.

Update 2:
I asked the attorney what if the employer ask do we need FUTURE employment sponsorship?
Here is the reply:
Has the employer asked you this question? I think it is unlikely that they will do so. If they do, you can say that you are authorized to work through the expiration date of your current EAD (which is two years from the date you received it).

At this point, it is unclear what the renewal process for DACA will be, but we expect that there will be some sort of renewal process, so you could say that you anticipate that you will be able to renew (and thereby extend) your work authorization prior to its future expiration in two years. Thus, you would not anticipate needing sponsorship in the future.

As an aside, if the employer withdraws the job offer based on the future expiration date of your EAD (which I think is unlikely to happen), they may be engaged in unlawful discrimination on the basis of citizenship or immigration status. If that happens, you can definitely reach out to us and would want to consult with the Department of Justice’s Office of Unfair Immigration-Related Employment Practices (or OSC for short). OSC enforces the anti-discrimination provisions of the Immigration and Nationality Act. More information about this type of prohibited discrimination can be found here: http://www.justice.gov/crt/about/osc...btypes2005.php

NILC materials on immigration-related discrimination can be found here: http://www.nilc.org/i9eev.html
Last edited by LittleBrand; 02-12-2013 at 11:55 PM..
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#2
02-12-2013, 01:02 AM
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ivycali
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thanks for the info!
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#3
02-12-2013, 01:30 AM
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yeah the I9 form will tell them everything that and Everify which sucks for us since the system is so slow at updating it, I was hired recently and my SSN comes cleans. company uses Everify now.
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#4
02-12-2013, 07:39 AM
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Joined in Aug 2012
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MountainMan
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As grateful as I am; there are two things that I wish they would have not done with our documentation:

1. Put the stupid 2 year expiration on our EADs as it discourages employers from hiring us. They should have at least made it valid for 4 years and every two years we would have to report and renew our EADs, but with the exact same ID card.

2. The "Valid for work only with DHS authorization" on our SSC. I've gone to different places to try and build up my credit and they constantly ask me "What is that?", not to mention my number constantly get's rejected by all financial agencies because I have no credit.

I feel like I get discriminated every time I use my documentation, I don't mean 'discriminated' in racial terms, I mean discriminated as in "our documentation is a little less valid than others" type of way.
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#5
02-12-2013, 09:54 AM
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Laker24x
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Just appreciate what you have and play your cards right, there are thousands here that would gladly take the EAD off your hands.
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#6
02-12-2013, 11:27 AM
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chopstix
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Quote:
Originally Posted by Laker24x View Post
Just appreciate what you have and play your cards right, there are thousands here that would gladly take the EAD off your hands.
1+++++
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Approval Notice: 12/10/12 | EAD: 12/17/12 | SSN: 1/2/12
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#7
02-12-2013, 06:10 PM
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Dream becomes Reality
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Quote:
Originally Posted by MountainMan View Post
As grateful as I am; there are two things that I wish they would have not done with our documentation:

1. Put the stupid 2 year expiration on our EADs as it discourages employers from hiring us. They should have at least made it valid for 4 years and every two years we would have to report and renew our EADs, but with the exact same ID card.

2. The "Valid for work only with DHS authorization" on our SSC. I've gone to different places to try and build up my credit and they constantly ask me "What is that?", not to mention my number constantly get's rejected by all financial agencies because I have no credit.

I feel like I get discriminated every time I use my documentation, I don't mean 'discriminated' in racial terms, I mean discriminated as in "our documentation is a little less valid than others" type of way.
Why are you taking your social security card to financial agencies? All you need is your memorized social security number when they ask for it, nothing more. Yes it takes time to build credit but like Laker24x said, be grateful for even having the documentation to even approach a job or a financial institution. This time last year we didn't even have this opportunity....
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#8
02-12-2013, 10:12 PM
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MountainMan
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Quote:
Originally Posted by Dream becomes Reality View Post
Why are you taking your social security card to financial agencies? All you need is your memorized social security number when they ask for it, nothing more. Yes it takes time to build credit but like Laker24x said, be grateful for even having the documentation to even approach a job or a financial institution. This time last year we didn't even have this opportunity....
I have memorized my SS#, but my SS# get's rejected every time and they ask me for my card to make a copy of it.
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Sent Apps: Sep 19th Apps Delivered: Sep 23rd Biometrics done:Sep 26th
Update Nov 6th.:Request for further evidence of continuous residence.
Status: Nov 19th Card/Document production
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#9
02-12-2013, 10:58 PM
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ggalicia
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Quote:
Originally Posted by MountainMan View Post
As grateful as I am; there are two things that I wish they would have not done with our documentation:

1. Put the stupid 2 year expiration on our EADs as it discourages employers from hiring us. They should have at least made it valid for 4 years and every two years we would have to report and renew our EADs, but with the exact same ID card.

2. The "Valid for work only with DHS authorization" on our SSC. I've gone to different places to try and build up my credit and they constantly ask me "What is that?", not to mention my number constantly get's rejected by all financial agencies because I have no credit.

I feel like I get discriminated every time I use my documentation, I don't mean 'discriminated' in racial terms, I mean discriminated as in "our documentation is a little less valid than others" type of way.


Why would you show ur ssc to financial agencies?
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| Application approved 9/20/12 | EAD received - 9/26/12
DL/ID 10/6/12
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#10
02-12-2013, 11:00 PM
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ggalicia
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Quote:
Originally Posted by MountainMan View Post
I have memorized my SS#, but my SS# get's rejected every time and they ask me for my card to make a copy of it.
I would not give them your ssc bad idea
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| Application approved 9/20/12 | EAD received - 9/26/12
DL/ID 10/6/12
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