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-   -   Here we go again..... Visa status and Jobs! (https://britishexpats.com/forum/usa-57/here-we-go-again-visa-status-jobs-879700/)

boltonreddave Jun 30th 2016 2:34 pm

Here we go again..... Visa status and Jobs!
 
Hello again all!

I have posted on this topic a few times but still find it an issue and would like some advice.

I am on an L2 Visa and have my EAD in hand. I have just been through 3 rounds of interviews for a company and am hopeful of an offer, or at least i was until this morning.

Their application form asked if I was eligible to work, which I am, but also asked about visa status. I put L2 as i want to be open but am fully aware they are NOT ALLOWED TO ASK until an offer of employment has been made.

https://www.eeoc.gov/laws/practices/...itizenship.cfm

So, now i have an e-mail asking how long my visa is valid for. I had 2 options:

1. Reply with the link above stating they are not allowed to ask. I cant see this going down too well and of course through the interviews they were interested in what brought me to the US.

2. Give them the information but pace possible discrimination. I could also attach the law but I wouldn't want this to come across as a threat.

So, I provided the visa information and a bit of info on our long term aspirations. We have bought a house without PR status and gone through the expense of shipping our dog and horse over! As well as relocating our 3 year old daughter. I think this shows commitment!

Have i done the right thing? I now face a risk of rejection based on visa status, which is illegal. You know, I am so fed up with this continuous flouting of the anti discrimination laws that if this ends up being a rejection I am going to make a formal complaint!

Guindalf Jun 30th 2016 3:47 pm

Re: Here we go again..... Visa status and Jobs!
 
IMO, there's a huge difference between what is legal and what actually happens. Although I think you should have just left the original question open with the answer "Yes, I'm legally allowed to work", once they ask anything based on YOUR answers, you are risking rejection if you don't answer.

If you ARE rejected based on visa status, you'll never know and won't have a leg to stand on if you decided to confront them legally.

celticgrid Jun 30th 2016 3:59 pm

Re: Here we go again..... Visa status and Jobs!
 

Originally Posted by boltonreddave (Post 11990127)
Their application form asked if I was eligible to work, which I am, but also asked about visa status. I put L2 as i want to be open but am fully aware they are NOT ALLOWED TO ASK until an offer of employment has been made.

As a matter of interest, what options were there to answer the visa status question on the form?

If you had been a USC, what would you have responded on the form? Was it possible to just leave it blank?

H Bomb Jun 30th 2016 5:23 pm

Re: Here we go again..... Visa status and Jobs!
 
Everyone I have worked for has asked this question - and I have always been selective with the truth.

I generally gave EAD expiration - and when questioned on the expiration I just said it is an automatic renewal on the visa I am on so it won't be an issue.
If they ask about the visa I either said that it will be automatically renewed or we will have green cards before it expires.

Concerns are generally 'is your visa expiring going to cost us money'.

Pulaski Jun 30th 2016 5:33 pm

Re: Here we go again..... Visa status and Jobs!
 
I would answer the question "clearly", but enhance my reply, something like

"My L-2 will be renewed at the expense of my wife's employer in x years, unless we obtain green cards, in which case I will be freely employable on an open ended basis like a US citizen."

boltonreddave Jun 30th 2016 7:31 pm

Re: Here we go again..... Visa status and Jobs!
 

Originally Posted by Pulaski (Post 11990301)
I would answer the question "clearly", but enhance my reply, something like

"My L-2 will be renewed at the expense of my wife's employer in x years, unless we obtain green cards, in which case I will be freely employable on an open ended basis like a US citizen."

That's pretty much what I said in the end

Bob Jun 30th 2016 8:54 pm

Re: Here we go again..... Visa status and Jobs!
 
Depends on how annoying the HR person is, but there's nothing wrong in pointing out that they are not legally allowed to ask the question with the link you posted above, but then state that you're here legally, with a visa that allows you to work, with a renewal status that your OH's company will cover so that it is not a concern.

boltonreddave Jun 30th 2016 9:03 pm

Re: Here we go again..... Visa status and Jobs!
 

Originally Posted by Bob (Post 11990458)
Depends on how annoying the HR person is, but there's nothing wrong in pointing out that they are not legally allowed to ask the question with the link you posted above, but then state that you're here legally, with a visa that allows you to work, with a renewal status that your OH's company will cover so that it is not a concern.

That was one of my options Bob but I don't want to come across as a bit of a pushy knob and don't want them to take it as a threat.

Westinghouse is the best example of poor practice as their online application form has a drop down box that you HAVE to fill in with visa status. I wrote directly to their CEO with that same link and heard nothing and the form is still the same.

Bob Jun 30th 2016 11:49 pm

Re: Here we go again..... Visa status and Jobs!
 

Originally Posted by boltonreddave (Post 11990468)
That was one of my options Bob but I don't want to come across as a bit of a pushy knob...

I think that's just expected, from the way you're meant to sell yourself and the whole resume rubbish.

boltonreddave Jul 7th 2016 11:07 pm

Re: Here we go again..... Visa status and Jobs!
 
Hi all,

Well in the end none of this mattered as I was offered the position today. I arrived in the US end of March so I am chuffed to have found a job I actually want so soon. (I am an L2 spouse for info).

So that's the family, dog and horse here safe and sound, bought a house, got cars, phones, banking etc sorted and now we are both employed and all within 4 months.

Don't let anyone tell you it can't be done :thumbsup:

kodokan Jul 8th 2016 12:00 am

Re: Here we go again..... Visa status and Jobs!
 
Congratulations! Great it's all worked out so well for you, so quickly. Good luck for the job start.

Pulaski Jul 8th 2016 2:09 am

Re: Here we go again..... Visa status and Jobs!
 

Originally Posted by boltonreddave (Post 11996873)
Hi all,

Well in the end none of this mattered as I was offered the position today. I arrived in the US end of March so I am chuffed to have found a job I actually want so soon. (I am an L2 spouse for info).

So that's the family, dog and horse here safe and sound, bought a house, got cars, phones, banking etc sorted and now we are both employed and all within 4 months.

Don't let anyone tell you it can't be done. ....

Congratulations, that's great news! :thumbsup:

Steve_ Jul 8th 2016 2:33 am

Re: Here we go again..... Visa status and Jobs!
 

Originally Posted by boltonreddave (Post 11996873)
Hi all,

Well in the end none of this mattered as I was offered the position today.

I'd still file a complaint with the Office of Special Counsel. What they did was illegal. The OSC keeps it confidential so you shouldn't have too much of a problem unless it's a small employer.

Given that they actually still hired you the OSC is just going to send them a copy of M-274 probably.

Frankly if I was in that situation I would just lie. It's not illegal to misrepresent yourself to someone who is asking an illegal question after all. Only becomes an issue when you fill in the I-9 and what are they going to do then? Fire you because they asked you an illegal question? I can't see that going over too well.

I remember being in a similar situation years ago and I pulled out my SSN card and DL and they didn't ask further, then I filled in the I-9 with my EAD information and they didn't even bother to look at what I'd written in any detail. But that was back before they started stamping "VALID FOR WORK ONLY WITH INS AUTHORIZATION" on them.

Guindalf Jul 8th 2016 5:16 pm

Re: Here we go again..... Visa status and Jobs!
 

Originally Posted by Steve_ (Post 11996978)
I'd still file a complaint with the Office of Special Counsel. What they did was illegal. The OSC keeps it confidential so you shouldn't have too much of a problem unless it's a small employer.

Given that they actually still hired you the OSC is just going to send them a copy of M-274 probably.

Frankly if I was in that situation I would just lie. It's not illegal to misrepresent yourself to someone who is asking an illegal question after all. Only becomes an issue when you fill in the I-9 and what are they going to do then? Fire you because they asked you an illegal question? I can't see that going over too well.

I remember being in a similar situation years ago and I pulled out my SSN card and DL and they didn't ask further, then I filled in the I-9 with my EAD information and they didn't even bother to look at what I'd written in any detail. But that was back before they started stamping "VALID FOR WORK ONLY WITH INS AUTHORIZATION" on them.

...and I would rapidly ignore this advice and get on with enjoying the new job and the income along with it!

Why upset the apple cart by taking any risk whatsoever? Most states in the US are 'at will' states, meaning they can fire you for any reason or even none at all!

There are many things that are illegal and, with online forms making it difficult to avoid awkward questions at times, you just have to suck it up and get on with it.

It would be different, of course, if they had NOT offered you the job and you could prove that this was the reason.


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