Employer is requesting for an attorney letter about sponsorship - Page 2

He needs to ask his attorney if it's normal for a company to ask that, but realistically speaking, nobody can assure anything for the future. What I see here is that the company might invest in him, and they won't get their investment back, that's why they need reassurance as to him being able to work without a problem. THIS is why people should not disclose their legal status until after signing a job offer and the I-9. Then again, people don't care and enjoy being discriminated. (Except, of course, in a federal setting where it might be required to ask about legal status).

as an HR professional studying law i might have some insight...
An employer can not legally ask your immigration status, but they can ask if you will require employer sponsorship now or in the future.
If they don't accept the Guidance for Employers flyer published by USCIS, the easiest way to clear up this situation is just to have an attorney write a letter explaining that the type of EAD you have ((c)(33)) is not one that would require sponsorship by an employer now or in the future.

I have an appointment tomorrow with an attorney. I will mention all the advice I've gotten so far. Hopefully everything turns out okay. Thnx for all the support guys!

What the hell are you talking about man... Have you ever applied for a job? Straight off the bat they ask if you're a citizen or perm resident.. He can't lie.. Or else he'll get barred if caught.

Legally they can't. That's why job applications ask if 'if you can legally work for any US company' and 'if now or in future require sponsorship'. Those two questions are a way around the citizen question. When I accepted my full-time job at least my company followed the rules. Filled out I-9, showed EAD, and there was no issues, no questions, etc.

That may be your experience, but it's certainly not everyone's. I've had at least 4 jobs, and many many interviews with small & large companies, none asked if I was a citizen or a perm resident. Hell, all they've ever asked was if I could legally work in this country. And I'm not talking about the local McDonalds. ()

You are the one that doesn't know the law. While in an interview (unless for a federal job) it is ILLEGAL to ask the applicant whether he is a USC, LPR or other, the only thing an employer is legally able to ask is whether he is legally permitted to work in the USA.

Once you are hired (you sign the job offer) then you must complete the I-9 within a day. It is there, the only place where you need to put which type of status you have. In the new form, you also need to put the expiration date of your permit and the A#. The employee has to see and examine the documents (to make sure they're valid, or to the best of their knowledge) and make copies of the documents (more on this in the I-9, too much to explain here).

I'm sorry that you've gotten interviewed by people who were breaking the law. Also, I've explained the stuff above like twenty times and people decide not to make their rights count. The reason why it is illegal to ask which legal status you have is because people DO discriminate if you're not a USC (I've seen it), and it also leads to some awkward interviews (so I've heard).

Like I also said, the company is doing this (more than likely) because they will be investing in the person and they wanna make sure they get their return on investment and that he won't leave within a certain time. There are a lot of different type of trainings which cost a lot, so they need to make sure the person will be worth in the long run (shame on those people who do job hoping).