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State Employement - Interpretation Needed

State Employement - Interpretation Needed

Old Apr 24th 2008, 8:15 pm
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Default State Employement - Interpretation Needed

So I've had a few interviews, one of them working for the State Tax Commission.

The interview went fine, I am very tailored for the job and the guy seemed happy with my skills and experience.

He then asked if I was a US citizen. I told him I wasn't, and asked if that was actually required, since it wasn't mentioned on the job advert on the State Recruitment website. He said he thought it was.

I told him that while I wasn't a US citizen, I did have authorization to work for any employer (in the form of my EAD card while I am awaiting for approval of AoS). He asked if that had an expiration date. I told him it did, but I could file for a new card if I had not received the green card before the EAD expired.

I personally wasn't sure on the law about expiration of documents. I know people can't ask to see a different document for I-9 purposes if the one you show has an expiration date.

He seemed a bit concerned by this, and said he would have to take the matter up with HR before a decision was made.

So I'm sitting here, wondering if my immigration status is going to hold up a potentially great job with the state.

I had a look at the policy manual for state recruitment, and I came across something. I am not sure how to interpret what it says. I'd appreciate any thoughts on the below text:

IRCA (Immigration Reform and Control Act 1986) also prohibits discrimination against applicants and employees because of national origin or citizenship status in matters involving hiring, recruitment, job referrals where a fee is involed, and discharges. However, persons lacking lawful status are not protected.

Now, does the "persons lacking lawful status" mean people who have LPR status, or just those who are legal to work?

I know I'm probably making something out of nothing, but the guy's reaction to what I told him did get me a bit worried.

What do you guys think?
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Old Apr 24th 2008, 8:26 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by Knight View Post
So I've had a few interviews, one of them working for the State Tax Commission.

The interview went fine, I am very tailored for the job and the guy seemed happy with my skills and experience.

He then asked if I was a US citizen. I told him I wasn't, and asked if that was actually required, since it wasn't mentioned on the job advert on the State Recruitment website. He said he thought it was.

I told him that while I wasn't a US citizen, I did have authorization to work for any employer (in the form of my EAD card while I am awaiting for approval of AoS). He asked if that had an expiration date. I told him it did, but I could file for a new card if I had not received the green card before the EAD expired.

I personally wasn't sure on the law about expiration of documents. I know people can't ask to see a different document for I-9 purposes if the one you show has an expiration date.

He seemed a bit concerned by this, and said he would have to take the matter up with HR before a decision was made.

So I'm sitting here, wondering if my immigration status is going to hold up a potentially great job with the state.

I had a look at the policy manual for state recruitment, and I came across something. I am not sure how to interpret what it says. I'd appreciate any thoughts on the below text:

IRCA (Immigration Reform and Control Act 1986) also prohibits discrimination against applicants and employees because of national origin or citizenship status in matters involving hiring, recruitment, job referrals where a fee is involed, and discharges. However, persons lacking lawful status are not protected.

Now, does the "persons lacking lawful status" mean people who have LPR status, or just those who are legal to work?

I know I'm probably making something out of nothing, but the guy's reaction to what I told him did get me a bit worried.

What do you guys think?
How interesting.
I think the fellow who interviewed you should be a lot more worried than you!

the portion you cite above is for people with NO legal immigration status (entry without inspection aka snuck over the border, if you look closely I'll bet that is what it is).

You answered perfectly correctly, and you have the appropriate documents.

A gf just sent me a PM about her employer wanting to reverify her status, which for her situation, they are not allowed to do. They are threatening to terminate her, so she called the Dept of Justice, who is having her complete a statement and are ready to go to bat for her if something goes weird on Monday (her deadline).

You may want to refer them to the Employer's Handbook http://www.uscis.gov/files/nativedocuments/m-274.pdf regarding the hiring issue.

Re-reading your post, I want to clarify that you are in the right here; they are not.
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Old Apr 24th 2008, 8:41 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by meauxna View Post
Re-reading your post, I want to clarify that you are in the right here; they are not.
That alone reassures me of the situation somewhat. Thanks.

When you say the section I cited is for people with no legal status, do you mean that I am protected by the disrimination laws of the IRCA and those who enter with no inspection or not, or that I am not covered?

Last edited by Knight; Apr 24th 2008 at 8:44 pm.
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Old Apr 24th 2008, 8:53 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by Knight View Post
That alone reassures me of the situation somewhat. Thanks.

When you say the section I cited is for people with no legal status, do you mean that I am protected by the disrimination laws of the IRCA and those who enter with no inspection or not, or that I am not covered?
You are covered.
People who entered without inspection are not.

This is the office my gf contacted; maybe a look at their website would help?:
Office of Special Counsel for Immigration Related Unfair Employment Practices
http://www.usdoj.gov/crt/osc/

http://www.usdoj.gov/crt/osc/htm/facts.htm#docs
Q. How can employers get up-to-date and accurate information?


A. OSC has a toll-free automated telephone hotline for employers: 1-800-255-8155 (1-800-362-2735 (TDD). Information is available 24 hours a day and features easy-to-follow prompts to receive prerecorded answers to common questions asked by employers.

The hotline offers callers taped information on four key subjects:

Tips on avoiding immigration-related discrimination when completing the I-9 Form;
Information on how to avoid immigration-related discrimination in hiring practices;
The penalties for employment discrimination; and
The acceptable documents that establish identity and work eligibility.

Callers who need additional information will be able to speak with an OSC representative from 9 a.m. to 5 p.m., Eastern Standard Time/Eastern Daylight Time. The hotline's Fax-Back option provides callers with helpful written information. Callers can key in their fax machine number, and within minutes will receive by fax a copy of the list of documents acceptable for establishing identity and work eligibility and information on the INA's anti-discrimination provisions. OSC updates the telephone system's recorded and Fax-Back information to reflect changes to the list of acceptable documents.

For more information, please contact:

U.S. Department of Justice
Civil Rights Division
Office of Special Counsel for
Immigration-Related Unfair Employment Practices
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

General Information: 1-800-255-7688
1-800-237-2515 (TDD for hearing impaired)
Automated Employer Hotline: 1-800-255-8155
1-800-362-2735 (TDD for hearing impaired)
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Old Apr 24th 2008, 10:35 pm
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Default Re: State Employement - Interpretation Needed

Looking at the Handbook for employees, it appears the guy who asked to see my work authorization card was not able to do that. I never knew.
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Old Apr 24th 2008, 10:47 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by Knight View Post
Looking at the Handbook for employees, it appears the guy who asked to see my work authorization card was not able to do that. I never knew.
So basically if you have a Green Card you can get any job a citizen can?
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Old Apr 24th 2008, 10:49 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by Thydney View Post
So basically if you have a Green Card you can get any job a citizen can?
Unless the job posting specifically says 'US citizen' or 'US Permanent Resident'.
I know the Post Office is one that requires PR status first; the military is another.
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Old Apr 24th 2008, 10:54 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by meauxna View Post
Unless the job posting specifically says 'US citizen' or 'US Permanent Resident'.
I know the Post Office is one that requires PR status first; the military is another.
oh ok
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Old Apr 24th 2008, 10:55 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by Thydney View Post
So basically if you have a Green Card you can get any job a citizen can?
Nope! If there was an error in the job desc. they'll have to pull it and reissue a new one with the requirement listed and will have to reinterview you. It's fair to assume that any job with the government requires a background check that will look at citizen status/history. He would have been DQ'ed right then and there during the hiring process.
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Old Apr 24th 2008, 11:51 pm
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Default Re: State Employement - Interpretation Needed

Originally Posted by Knight View Post
Looking at the Handbook for employees, it appears the guy who asked to see my work authorization card was not able to do that. I never knew.

You're dealing with Mississippi here. Their immigrants are basically all illegals or hired under special ruling to help restore the coastal area and look how those legals have been manhandled and abused by the corporations.

Why was he not able to do that? You do not have a social security card without a legend on it and therefore when you complete the I-9 you will have to use either your EAD and/or your green card. Since you don't have a green card it would definitely be the EAD.

I really dislike how the employer has so many restrictions on them when it comes to verifying the right of a foreigner to work in this country.
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Old Apr 25th 2008, 12:00 am
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Default Re: State Employement - Interpretation Needed

The same laws protect people with disabilities; it's more about discrimination.

Verifying status isn't really all that difficult. You can ask in the interview if they are employment authorized and then after you hire them, you can see their documents.
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Old Apr 25th 2008, 12:54 am
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Default Re: State Employement - Interpretation Needed

Originally Posted by Rete View Post
Why was he not able to do that? You do not have a social security card without a legend on it and therefore when you complete the I-9 you will have to use either your EAD and/or your green card. Since you don't have a green card it would definitely be the EAD.
Because this was before the hiring and filling out if an I-9 has taken place. The employer handbook for the I-9 says that an employer should NOT:

3. Request to see employment eligibility verification documents before hire or completion of the I-9 Form because someone looks or sounds “foreign,” or because someone states that he or she is not
a U.S. citizen.


Until they hire me and ask me to fill in an I-9, they can't ask for that stuff.

Last edited by Knight; Apr 25th 2008 at 12:57 am.
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Old Apr 25th 2008, 12:55 am
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Default Re: State Employement - Interpretation Needed

Originally Posted by Knight View Post
Because this was before the hiring and filling out if an I-9 has taken place. The employer handbook for the I-9 says that an employer is not allowed to ask to see proof of work authorization because an applicant sounds or looks foreign, or states they are not a US Citizen, until hired and the I-9 is filled out.
Wait a minute...


You didn't tell us you look foreign.


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Old Apr 25th 2008, 12:56 am
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Default Re: State Employement - Interpretation Needed

Originally Posted by meauxna View Post
Wait a minute...


You didn't tell us you look foreign.


He's not if he's a Brit.
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Old Apr 25th 2008, 5:02 am
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Default Re: State Employement - Interpretation Needed

Originally Posted by meauxna View Post
Wait a minute...


You didn't tell us you look foreign.



I look foreign compared to most Mississippians...
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