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.