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Billboard
08-07-2009, 05:53 PM
Hi,

Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


Please help me understand if their concerns are valid and if not what is the remedy.

MCQ
08-07-2009, 06:20 PM
Billboard - i understand your employer's concern - when I used AC21 back in 2003, with EAD, it was a struggle to get employers that would take me on - for similar concerns. I eventually found one, a startup in CA, that would. Their attitude was that their HR people tagged the expiration date of every doc, type of doc and immigration status of every employee they accepted for I-9 purposes, and had it enetered into a database linked to their mail system - every week it would email out to HR a list of docs that would expire for non-citizens and HR then worked with those folks to make sure docs like EAD's were being renewed etc.
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.

McQ

MCQ
08-07-2009, 06:28 PM
I should have added - I'm STILL employed by them - that's how smart and forward looking they are - been bought over twice, but same management is still in charge of my division and same attitude still prevails

McQ

a_yaja
08-07-2009, 07:19 PM
From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.

Hi,

Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


Please help me understand if their concerns are valid and if not what is the remedy.

qasleuth
08-07-2009, 07:57 PM
Sorry to hear your predicament.
"Is employer legally liable for expired EAD of employee?"

The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.

Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.

As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.

Hi,

Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


Please help me understand if their concerns are valid and if not what is the remedy.

kris04
08-07-2009, 09:56 PM
Hi,

Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


Please help me understand if their concerns are valid and if not what is the remedy.

how big is your employer, any decent HR software should have compliance system that can handle this legal status issue