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  1. #1
    Join Date
    Jun 2017
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    3

    Default Can an Employer Ask About Visa Status After Giving an Offer Letter

    My question involves labor and employment law for the state of: Tennessee

    A little background about me before the question:
    ---------------------------------------------------------

    I am a DACA status person, authorized to work in the U.S. but I am not a citizen or a visa holder. I do not require sponsorship, so I am a bit confused.
    Correct me if I'm wrong I have read online that they can't ask about citizenship information until the first day, and all they really need is the work authorization.

    Now Question Information:
    ---------------------------------
    Hi so I am really stressed here. I was given an offer letter for a job. I was given three separate documents: Offer Letter, Agreement form, and something called "EDF". Now I signed the offer letter and agreement form, but on the EDF I had to fill out information about myself which was supposedly going to go to HR. It asked me questions about my name ssn, visa status, citizenship, passport number etc. Now I was not employed by the company yet since I signed the offer letter at the same time filling this form out online.
    Time goes on and the next day they send me an email back saying sorry they have to withdraw and can't offer me the job no more because I will require sponsorship (I do not require sponsorship because I am authorized to work in the US and am in the US).
    Are they allowed to ask me about the Visa and Citizenship?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    Did you indicate you were legally allowed to be in the US and to work or did you simply ignore the visa question? They are required to ascertain whether you are legally allowed to work and by what means are you allowed to work in the US.

    If you simply did not provide the information requested and did not explain how you are able to work legally in the US then they are not only allowed but required to rescind the offer of employment.

    To answer your basic questions;

    yes and yes.

  3. #3
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    The only thing they the employers can ask is whether or not you're legally authorized to work in the US your status is directly relevant as would be citizenship and/or any visas) and it's your responsibility to be able to prove it. Your DACA status, by itself, doesn't authorize you to work, you have to have an unexpired EAD card (employment authorization document, it looks a bit like a drivers license and is a photo document). This is the document that you'd provide when completing the I-9 form. If you don't have the EAD then you are not legally authorized to work and will need to apply for this document.

    AS to whether or not the employer can rescind their offer: yes, they can. But, since they rescinded the offer and followed up with an explanation that it was about your status give you, potentially, a bit more ammunition...provided that you filled out all of the paperwork that they required completely. My question to you is this; just how badly do you want this job? IT ay be your fault that the offer was rescinded due to incomplete documentation but until you contact HR you'll never really know.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    First let's clarify that DACA does, Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. https://www.uscis.gov/humanitarian/c...-arrivals-daca

    Do you have an Employment Authorization Card? You should have received it when you were granted DACA status. This is what would be used as a Column A document on the I-9 employment verification.

    I can't find for the life of me what a EDF form is.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    The only thing I can think of for EDF is some type of electronic/employee data form that is requested to help fill out new hire paperwork. Otherwise, what documentation did you give them to prove you are authorized and have the right to legally work in the US? https://www.uscis.gov/i-9-central/acceptable-documents Do you have a SS Card/EAC, etc like PayrolGuy asked about? etc. You just be able to give them documentation or JK is right, they cannot legally hire you.

  6. #6
    Join Date
    Jun 2017
    Posts
    3

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    I was never given an I-9 form to fill out. Yes I did let them know I am authorized to work in the U.S. They never asked for my EAD card once, but I have it. They had me fill out the EDF form before anything else with the offer letter and it asked me about Visa Status and Citizenship Status. I never once was given an I-9 Form.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    Did you actually inform them you have an ead?

    did you tell them what allows you to be in the US legally?

    i am guessing a bit but if you answered questions posed in such a manner that it was not clear you are in the US legally and have authorization to work they may have taken your responses as you simply don't have either a right to be in the us or that you can't work (at least with sponsorship apparently).

    have you communicated with them since the rescission of the offer?

  8. #8
    Join Date
    Jun 2017
    Posts
    3

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    I have not communicated with them since. I do not know what to say to them now that they said that they withdrew.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can an Employee Ask About Visa Status After Giving an Offer Letter

    Depending on just what the company is doing and the nature of the facility they may indeed to know the citizenship/VISA status.
    I worked in the defense/intelligence area for years. Some of our facilities I could have any foreign national in. Others, I had to be careful on status and country of origin. Others, I couldn't allow any non-LPR/Citizens in.

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