It is legal for a company to not hire me because I have an EAD, and not a Green Card?
 

I got a job offer from a company that has about 200 employees.
I told them that I will be able to work starting January 2013 because that is when I expect to receive my EAD.

However, they told me that they cannot hire me because they think they will have to sponsor me at some point in the future.
This is the e-mail that I received.

Is it legal for a company to not hire be because they think they will have to sponsor me in the future?
Should I tell them that this EAD is renewable every 2 years?
I'm also planning to get married to a USC in the near future. Should I tell them that too?
What are your thoughts?

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Once you have your EAD, I think you're safe not disclosing anything until you're accepting the job -- unless it's a position that requires US citizenship, like some government jobs.

Most job applications simply ask if you're authorized to work in the US -- you would check "yes". Then, there's the space for the Social Security number which we will have.

I had been thinking there would be some hidden discrimination involved against us, having only an EAD for more upscale jobs, where there may be opportunities of advancement and high pay since you may be thought of as "temporary" or "unreliable", not knowing when/if your EAD will be renewed.

But like I said -- during the actual hiring process, from what I've seen, you're only asked about being authorized to work in the US. It's only later after you're hired that you fill out the paperwork, and show the bosses your EAD.

What are the others' experiences and thoughts?

_____

Right now, yes -- it does look fishy accepting a job with only a promise to the employer that you'll be obtaining your EAD later. They ask themselves "Oh, he wants to work for us so we can sponsor him and he can remain in the US". Some companies just don't want to go through all that. So, probably wait until you have the actual EAD to go after those jobs.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

HR is full of fucking idiots. Next time don't bring up the fact that you have an EAD, there's no reason to.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

I have actually looked into this a few weeks ago. I was wondering what the process is with people who are working via EADs. I have read similar experiences like the one Boosterman described above and all I can tell you is that as long as your EAD is renewable, the company doesn't have to worry about anything. I think it is some kind of misconception out there that EADs mean sponsorship in the future. But it's up to the person to renew their work permits and as long as they are able to do that then it shouldn't be an issue. I would call or contact the company and inform them about this. If they reject you still then there's nothing you can do, but at least you will have tried. Also, I would suggest you look up forums that are related to EADs. There are several out there. I'm hoping we can create a work permit sub-forum here on the DAP one day soon! :)

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Yeah unless they ask you for your EAD (which I'm sure they can't ask for) don't even mention it. So as long as you're not trying to become the president of the US (or something similar) all you need is to disclose your SS#.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

That's a good question.

Won't companies think of this as some kind of a visa? I'm sure they ask if you're a permanent resident?

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Actually, given that our SS# will have "Not valid for employment without DHS authorization" we will have to show our EADs every single time.

This being said, employers have no right to deny you employement based on your work authorization, in fact all private employers unaffiliated with the government cannot even ask you if you are a US citizen or LPR. However, ironically enough there is nothing illegal about being asked to fill out your I-9 during your interview process, before you are actually offered a position.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Actually I think you are wrong.

"If you are on non-immigrant visa (such as H1, L1 etc,) you may get the social security card that says "Valid for work only with INS/USCIS authorization").

If it does not mention anything like that you are not restricted to work for any particular employer. Such card would be available to the US citizen, permanent residents(green card holders) and the persons with Employment Authorization Card(EAD).

So our Social Security Cards will look just like anybody else's.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Hmm, I don't know if they changed the requirement, but back in 2001 when I received an EAD card in the middle of adjustment of status (that has since been denied), I applied for a social security card using EAD, and that card says "VALID FOR WORK ONLY WITH INS AUTHORIZATION" at the top.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Than I have no idea I read this in some lawyers page. I hope it just looks like any other card.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Thank you everyone. I will send them an e-mail saying that my EAD is renewable and tell them they don't have to sponsor me in the future. Wish me luck guys! I will keep you posted.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Really? I was under the impression that doing that was illegal and that the employer could only run an I-9 and eVerify after a hire, not before one or during an interview.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

U should talk to an attorney to make sure whatever you put on ur DACA application doesn't disqualify you for consideration of future opportunities.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Huh?
What do you mean by what I put on my DADA application?

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

we might be approved for DACA by xmas time, but the EAD could still take up to three months after that so you might not have an ssn by then. i'd say drop it and look for another job.

don't count your chickens before they hatch.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

I think you are right...
Thanks.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

I mean that whatever you put on this application will remain as part of ur record so if ur going to get married to a USC make sure you don't put anything that might jeopardize ur chances for that. For example. And this is just an example. If you leave the country for brief periods of times you'll still get approved on this application. But the I-130 form might say something like if you left the country at all u will not qualify.

That's just an example. I'm not quoting anything and I don't know the requirements for I-130.

I guess what I'm saying is talk to an atty and tell him ur applying for deferred action but in the future ur going to get married to a USC. Ask his if there's anything you should watch out for when filling.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Hmm.. too bad I already filed my I-821D application.
Hopefully I did not put anything that would jeopardize my chance of getting a Green Card.
Thanks for your input though :)

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Our SS card will say "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". See this thread: http://dreamact.info/forum/showthread.php?t=30198

The "authorization", as seen on that link, is a valid EAD.

The SS number itself, however, will be indistinguishable from anyone else's, and your status cannot be discerned just from the number.

That said, like I stated on my first message here, normally, you would show your EAD after you've been hired, and you're filling out the I-9 form.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

I can probably extrapolate on this,most of the employers I have tried getting using my own EAD they DO take into consideration what happens when the status has run out even though I mentioned it would be renewable.The issue is that employers want you on the job whenever you're available so even having a lapse in your status becomes an issue[like getting it renewed] legally for them.Remember,the Bush and Obama Administration has been coming down very hard on employers over the last 5-6 years so expect employers to be skittish concerning employing you.

Government agencies WILL ask for your appropriate documents and to physically verify them such as those like SSA AND various places that give State ID or Driver's Licenses.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Yep. I think this is what happened to me.
When I told them that I have EAD, they were very reluctant to hire me even though I told them that my EAD would be renewable.
I think I will not tell my future employer that I have EAD; instead I will say that "I am authorized to work in the the U.S."

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

Bro... Use your common sense don''t go around telling the hole world what you have or not once you get your social you are legal in the us, period.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

It is not legal for HR to deny your employment opportunity based on immigration status, provided that you can produce documents to prove your legality to work. However, he/she could deny you on grounds of not having EAD on hand or in the immediate future. They are not gonna wait another 3-6 months just for you while passing up on other candidates.

This company's HR is obviously a dumb bitch who doesn't know how to do her job. She used the wrong reason to deny you and you could totally sue her based on what she wrote.

When asked about citizenship/GC/EAD in the future, just say you have EAD because your mom is applying for GC and you are her immediate relative.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

there's no point trying to sue because you won't win.. But anyway that person is an idiot.. there's a list of acceptable id's in order to get a job.. you have to provide your SSC and EAD.. on the SSC you're going to get, it will say " valid for work only with dhs authorization".. also we don't know yet if it's renewable after the 2 years

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

I agree. I would just drop it.

Like mention above...wait for your EAD. You're CURRENTLY not allowed to work in the US, so there's not point in trying to get a job and saying you will be able to work in the future. No one is going to wait for you when there are others that can work now.

Re: It is legal for a company to not hire me because I have an EAD, and not a Green C
 

I wasn't actively searching for a job.
I just graduated from college and a lot of employers contacted me about job openings that they have. This one happened to attract me the most.
Although I have no doubt that my DACA and EAD will be approved, I will now wait until I receive my EAD to actively searching for a job.
Thank you everyone for your input and help :)