chopper40

Hello!!!
Newbie Brit (soon to be expat) here!
I got my legal resident green card in January 2009 and am planning to immigrate to USA within the next few months.

In the meantime I have been applying for jobs online.
I received an email reply to a job application. This is what I received...

"We are not hiring non US citizens. We have received many qualified US applications for this position and will be hiring from within our region"

I am deeply shocked, upset and offended by this reply.
Has anyone living or planning to live in USA ever had anything like this?
It isn't a federal government job or anything so I am pretty sure its unlawful for this company to discriminate on the grounds of national origin.
I want to make a complaint

Advice anyone?

meauxna

Hello,
How did you happen to get your resident card (aka green card) before you immigrated?

Are you sure you want to go the complaint route, or would you like to know how to avoid getting the answer you got?
Are you sure you quoted the exact reply you got?

Did you indicate a non-US address in your application?

Bluegrass Lass

What did you indicate as an address on your resume/CV? Perhaps a cultural difference, but I interpret that as meaning "we are not hiring anyone from outside the US as we will not sponsor a visa." Did you make it clear that you are moving to the US and will be work authorized from Day 1 and do not require a visa?

Be aware, there are some jobs that only US citizens can obtain and it is not discrimination.

chopper40

Hello Meauxna
I applied at the British Embassy in London. I currently live in the UK with my American wife.


"Are you sure you want to go the complaint route, or would you like to know how to avoid getting the answer you got?"
Answers to both these questions would be appreciated!!

The reply I quoted was copied and pasted direct from the email. There was a little more to the response buy I just quoted the offensice sentences.

"Did you indicate a non-US address in your application?"
Yes. It was clearly stated at the top of my resume.

chopper40

Sunflwgrl13
I clearly showed my address as being in the UK.
in my cover letter I expressly stated that I have legal residency authorization .

Quote from my cover letter
"I am currently living and working in Scotland with my American wife but I’m preparing to immigrate to the USA. I have been granted full legal resident status to live and work in the USA"

meauxna

Then I would refer you to sunflwrgrl's post; she's on the same track as I am.

I don't know what you entered on the application but I can help you clear up a few things.
What you have in your passport is called an Immigrant Visa.
When you arrive to the US, you will be admitted as a Legal Permanent Resident. Until then, you're 'just' another UK citizen.

With a foreign address and not much clear direction otherwise, it's likely that they assumed you were looking for visa sponsorship.

Oh, I see your 2nd reply now.
Frankly, there is nothing completely illegal about what they did and I don't think it warrants a complaint. You might want to get familiar with the form I-9 and the Employer's Handbook for I-9, M-274.

It's a pretty sucky time to be job hunting, you may have heard. I'm sure you'll have much better results when you have boots on the ground, and I hope that on reflection, you'll see why you got a negative response to your inquiry.
I think the reply you got was sloppy, but on target.

Kaffy Mintcake

I agree with the other advice you have been given. I also read this statement as "you will have to wait a while for me to be available for work, I will not be available to start right away".

Giantaxe

I'm sure that's what they mean, as in "we're not going to sponsor anybody, pay anybody relocation expenses or hang around for anyone to move from abroad". However, the phrase "We are not hiring non US citizens" is probably not legal unless this is a position that legally can require American citizenship as opposed to work-authorized legal residence.

Bill_S

I agree with the others... it's probable the HR person thought you would need sponsorship for an employment visa, and they are not doing that right now.

chopper40

Meauxna
Thanks for the link about I-9 stuff. I'm aware I have a bit more form filling to do once I land but there is nothing which would stop me taking the job in question. I even already have my Social Security number.

I looked at the company website and the person I got this reply from is a certified professional in human resource management by the Society for Human Resource Management (SHRM) !!

The Civil Rights Act 1964 chapter title VII outlines that
"t shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;"

snowbunny

I concur. Also, the OP is in an unusual situation (well, unusual for most Americans to comprehend) and even in good economic times, it can take awhile to get your "first real job" if you married in vs were sponsored or transferred in. Anyone hiring now will be flooded with resumes from desperate people who can start the job tomorrow if required. Companies aren't paying travel costs to interview candidates, either - they are hiring "locally" meaning the candidate can travel to them for the interview and the company will not reimburse moving costs.

chopper40

thanks to your replies everyone.
You have all given me a few ideas on how to make it absolutely clear to employers that I am not looking for travel costs, reimbursement for moving etc etc.

FYI this particular job stated "start dates flexible" It was only a temp job with possible duration from 3 to 10 months.

Rather depressingly, in the literature for the I-9 it says:
Avoiding Discrimination in Recruiting, Hiring and the
Form I-9 Process
"Limit jobs to U.S. citizens unless U.S. citizenship is
required for the specific position by law; regulation;
executive order; or federal, state, or local government
contract. On an individual basis, an employer may legally
prefer a U.S. citizen or national over an equally qualified
alien to fill a specific position, but may not adopt a
blanket policy of always preferring citizens over noncitizens"

So this seems to be saying "its unlawful, but as a one-off its OK"

I guess I'll keep looking and hope that my best Sean Connery accent gives me an edge LOL!

Rete

You can count my vote as one with the others that your rejection notice was not discrimination. An address outside of the US, you do not yet have a green card, (you won't have one until you enter the US and anything can happen from now until then, even a refusal at the POE to allow you to enter), etc.

In your coverage letter you should clearly state:

"I'm the spouse of a US Citizen and have received my visa at the US Consulate based on my marriage to a US Citizen. Upon entry to the US on [give the date], I will be fully authorized to live and work in the US from day one as a legal permanent resident."

Please remember while you may have the visa in your passport you are not authorized to accept employment until you have "activated" that visa at the POE and received the I-551 stamp in your passport.

chopper40

Thanks Rete
I guess I'm going to have to at least activate my visa with a trip to the USA if I want to pursue jobs whilst preparing to make the full and final move abroad.

SpoogleDrummer

I think it's more a case of having a US address on your resume than an active green card. Though as others have said it can take a while to get a proper job once you're here. I got mine by pure luck 2 weeks in, would probably have been looking another 6 months if I hadn't got this one.