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Employment discrimination based on immigration status

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imm_dis

Junior Member
What is the name of your state? New Jersey

I came to United States on a F-1 visa and got married to a U.S. citizen. Based on my marriage, I have a EAD card which authorizes me to work in the United States. My green card application is in process but I DO NOT have the green card right now. I got a job in a well-know IT company in New Jersey. My hiring manager told me that they have made the decision to hire me but they want me to fill out the application before they make me an official offer. In the application, I explained them the situation that I am not a permanent resident because I do not have the green card right now but I do have the EAD card. My hiring manager told me that he cannot make me an offer based on the fact that I do not have the green card at the moment. My EAD card expires in November, 2005 and they do not want to take a risk with me as in the future they might have to sponsor me. He told me that to hire me he will have to make a "foreign national offer justification" and he cannot justify hiring me as the position was a entry level position ( at bachelor's level). He said that it is their own internal policy. Is it legal for a company to apply this policy to a EAD card holder? Can I be denied employment based on the fact that I do not have the green card at present but have the EAD card which authorizes me to work in United States? Am I being discriminated against. If yes, then which anti-discrimination law can I file my case under? I read that IRCA's anti-discrimination provision prohibits discrimination against “protected individuals,” who include citizens or nationals of the United States, permanent residents, lawful temporary residents, refugees, and asylees. I do not come under any of these categories. Can I still file a discrimination case against my employer? I would really appreciate if you can please answer my questions so that I can be sure if I have been discriminated against or not and which discrimination law applies to me.
 



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