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Questions on Employment Application

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imm_dis

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

Is it lawful for the employers to ask how I am legally authorized to work in the United States(i.e. whether I am a permanent resident, citizen, refugee, asylee, EAD card holder etc. ) during the application process? When recruiting or hiring are employers allowed to legally discriminate between different types of workers who are legally authorized to work in U.S.( i.e. US citizens, permanent residents,asylees, refugees, EAD holders). If the employer does not have the right to reject asyless and refugees who have temporary work authorization, can they reject a EAD card holder just because he/she has a expiration date.
 


Beth3

Senior Member
Yes, it is perfectly legal to ask an applicant if he or she is authorized to work in the U.S. That is not discriminatory.

Before you ask, if an applicant does not have work authorization or only has limited-term work authorization, the employer has no obligation to sponsor that candidate for a work visa or a green card.
 

imm_dis

Junior Member
Reply to Beth

Thank you for replying to my post. But please can you also answer this question: The employer was willing to hire asylees and refuges for the same position and ayslees and refuges are authorized to work for a limited period of time too. So if hiring asylees and refuges was not a problem, why should hiring a EAD card holder be a problem?
 

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