Can an employer ask about immigration status and type of EAD?

[gtaid1]

What is the name of your state (only U.S. law)? CA

I just received my Employment Authorization Document (EAD) and now actively looking for a job.

Most of the employers ask me about my exact immigration/visa status and when I tell them I have EAD and I am authorized to work in the US they ask about my exact EAD category. Some will say "oh, we do not hire that type of EAD".

Since I am authorized to work, is it not illegal to ask the type of EAD? and is it not illegal to say we don't hire you because of your EAD type?


PS: my EAD is C(8) category and I am able to work for any employer in the US.

 

[FlyingRon]

Remind them they are not allowed to discriminate against non-citizens who are authorized to work. Note that you can't really get out of showing them the EAD details, they are required to see it when they hire you to make sure you are legal.

 

[gtaid1]

Remind them they are not allowed to discriminate against non-citizens who are authorized to work. Note that you can't really get out of showing them the EAD details, they are required to see it when they hire you to make sure you are legal.

Thank you. I my case we didn't even reach the interview level cause they asked me on the phone and sent me an email saying that they won't even consider me for the job cause their client wants a Green Card holder EAD at least!

 

[FlyingRon]

There are certain security jobs that require a US Citizen or Permanent Resident, but other than that they shouldn't be discriminating.

 

[Proserpina]

OP -


Your case has not been adjudicated yet, has it?

Please go here and let us know that you can fulfill the I-9 requirements: http://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

I know it may seem a silly thing to ask, but there just might be a little loophole that would "save" the employer from a lawsuit.

(I sincerely hope that I'm wrong, and it's information which was superseded years ago)

 

[Proserpina]

(This is from the other site)



What matters, at this point, is non-immigrant versus. immigrant. There's no question that OP would be a legal immigrant the very second the case is adjudicated in his favor. But there IS question over whether or not a pending application leaves him in limbo, or not.

Non-immigrant aliens, whether work authorized or not, aliens not in legal status in the U.S. and others requiring visa sponsorship are not protected by the anti-discrimination provisions in IRCA. However, Title VII of the Civil Rights Act of 1964 offers some protections to these individuals in so far as employers who appear to be inconsistent in who they consider for sponsorship and who they don’t may be found to have engaged in national origin discrimination under that law.

So - is he an immigrant as of right now? Or is he a non-immigrant?

An EAD does not determine that.

 

[FlyingRon]

(This is from the other site)



What matters, at this point, is non-immigrant versus. immigrant. There's no question that OP would be a legal immigrant the very second the case is adjudicated in his favor. But there IS question over whether or not a pending application leaves him in limbo, or not.



So - is he an immigrant as of right now? Or is he a non-immigrant?

An EAD does not determine that.

A C8 means he has asylum applciation pending. I would guess he intends to stay here.

But it's immaterial. You are not allowed to discriminate on those grounds.

 

[Eric Rowan]

Yes, an employer can ask about immigration status and type of EAD when you are actually hired.

 

[FlyingRon]

Yes, an employer can ask about immigration status and type of EAD when you are actually hired.

Please do not respond to six month old posts. The original poster is long gone and that wasn't the question he asked.