Employment denial due to EAD

[theceo110]

From the state of California

Can an employer deny employment to a person who has EAD while on I-485?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[ecmst12]

Does anyone know what that means?

 

[FlyingRon]

I-485 is the official form for the "Green Card"

an EAD is an Employment Authorization Document which allows someone applying for a green card to work in the US.

Is the question, can an employer refuse to hire someone who's got an EAD?
Sure I suspect they can. We can even flat out refuse to hire someone who's not a citizen.

 

[jamal22066]

If the employer hires people with green cards then they should hire someone with a valid EAD. Talk to the HR department and let them know what an EAD really is. You'd be surprised how many of them dont have a clue what it is.

 

[jamal22066]

I-485 is the official form for the "Green Card"

an EAD is an Employment Authorization Document which allows someone applying for a green card to work in the US.

Is the question, can an employer refuse to hire someone who's got an EAD?
Sure I suspect they can. We can even flat out refuse to hire someone who's not a citizen.[/QUOTE]

No you can not flat out refuse to hire someone who's not a citizen unless the job clearly specifies that it is for US citizens only. Most of those jobs require some kind of clearance and that is why they state US citizens only. Someone on a green card or EAD is eligible to work any where in the USA.

 

[cbg]

The employer does not owe you a job. There are going to be US citizens who are denied employment, too. Everyone who applies for a job does not get it. Having an EAD is not a guarantee of employment either.

 

[jamal22066]

The employer does not owe you a job. There are going to be US citizens who are denied employment, too. Everyone who applies for a job does not get it. Having an EAD is not a guarantee of employment either.

Well we are all assuming here that the OP was disqualified from the position just because of the EAD and not because he didn't qualify merit wise.

 

[eerelations]

That's not what the OP said, so I for one am not assuming that.

 

[theceo110]

First of all, thanks all for the replies. The question is indeed about an employer refusing to hire because somebody has an EAD while on I-485. Some people mentioned that the employer can flat out refuse to employ or that the EAD is not a guarantee for a job. My point is if somebody is fully qualified, what is the ground to refuse employment? If the job is for say defense which involves national security, it makes sense about requirements for security clearance, citizenship etc. For normal regular every jobs in private companies, what would be the ground for refusing someone a job although s/he is fully qualified?

Thanks again for your comments!