whitecollarslav
Junior Member
What is the name of your state? Virginia
This is my first post here, so excuse my ignorance. I have a friend who is explicitly told by several employers that they cannot hire him because he has an EAD (Employment Authorization Document) card and not a green card. This person is currently LEGALLY residing and working in the US. His current immigration status is at the AOS (Adjustment of Status) stage. This is when a person has applied for a green card, but the application is pending with USCIS. In the interim, the DHS issues something called a EAD card, which is valid for a year and can be renewed within 90 days as and when needed. An EAD card is valid for work for any employer in the US.
I have gathered some information about this from the following sources:
http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm
http://www.klaskolaw.com/library/fil..._sanctions.pdf
http://www.uscis.gov/files/form/i-9.pdf
As per my understanding, this might be discriminatory on the employer's part to refuse to consider (interview) a candidate solely based on the fact that he/she has a EAD (Employment Authorization Document) card as opposed to a Green Card. The job opportunity does not have any restrictions such as security clearance. It is available to anybody who has a green card.
Please advise on this situation. Is it not illegal for an employer to reject a candidate for a job solely based on the fact that the potential employee will use an EAD card as opposed to a Green Card? Or is it perfectly legal for employers to make it their policy to not hire anybody who has a particular work authorization document (EAD in this case)?
This is my first post here, so excuse my ignorance. I have a friend who is explicitly told by several employers that they cannot hire him because he has an EAD (Employment Authorization Document) card and not a green card. This person is currently LEGALLY residing and working in the US. His current immigration status is at the AOS (Adjustment of Status) stage. This is when a person has applied for a green card, but the application is pending with USCIS. In the interim, the DHS issues something called a EAD card, which is valid for a year and can be renewed within 90 days as and when needed. An EAD card is valid for work for any employer in the US.
I have gathered some information about this from the following sources:
http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm
http://www.klaskolaw.com/library/fil..._sanctions.pdf
http://www.uscis.gov/files/form/i-9.pdf
As per my understanding, this might be discriminatory on the employer's part to refuse to consider (interview) a candidate solely based on the fact that he/she has a EAD (Employment Authorization Document) card as opposed to a Green Card. The job opportunity does not have any restrictions such as security clearance. It is available to anybody who has a green card.
Please advise on this situation. Is it not illegal for an employer to reject a candidate for a job solely based on the fact that the potential employee will use an EAD card as opposed to a Green Card? Or is it perfectly legal for employers to make it their policy to not hire anybody who has a particular work authorization document (EAD in this case)?