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How can EB-5 investors protect their rights to equal employment opportunities?

I have a pending EB-5-based I-485 case with an approved EAD card. I just interviewed with a company and the company decided to give me an offer. However, when they learned that I got my EAD card through EB-5, they said the risk of hiring me is high since I might lose my EAD if my I-829 gets rejected, hence they withdrew the offer. What should I do at this point to protect my rights to equal employment opportunities?

Answers

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    Phuong Le

    Immigration Attorney
    Answered on

    That employer gave you a nonsensical explanation that doesn't apply to your situation. Rather than prolonging a fight with an employer who simply doesn't get it or is making up excuses, your time will be better spent finding a job with another employer who values your contributions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Interesting. Contact the Labor Department.

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    Charles Foster

    Immigration Attorney
    Answered on

    First of all, you have an unrestrictive right to work with a valid EAD. Although it's true that in order to maintain same, you must file your petition to remove conditions on Form I-829 and same could be theoretically denied. What you must do is educate the employer and point out that statistically speaking, a very high percentage of all I-829 petitions are approved and there's no reason why your I-829 petition would be denied. There are always risks no matter what one does, and obtaining an I-829 approval should be deemed to be an unacceptable risk.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You should seek advice from a labor/employment attorney.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    That is terrible. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. I am not sure your case fits this definition, but you could, and most definitely should, consult with an attorney specializing in labor law. The attorney will be able to tell you immediately if you have a legitimate discrimination case.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    In most U.S. states, the employment is employment as well, which means the employer does not have to hire you and can fire you for any reason. In your case, the company is correct; they just do not want to take a chance on you, especially because your I-829 may be rejected, hence you have no work authorization. This scenario does not fall under the claimed "equal employment opportunity."

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Unless the offer indicated they require unrestricted work authorization, it may have been inappropriate to withdraw the offer.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There are no special workers rights for EB-5 immigrant visa holders. The Equal Employment Opportunity rights apply to all workers regardless of their visa status. In order to get better advice, consult an employment and labor attorney on the various rights that you may be entitled to and other remedial options.

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