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I had a job interview with an aerospace company which I submitted my resume and I took a test and had an interview but couldn't

Huntington Beach, CA |

get the job because I wasn't a us citizen or permanent resident but I had a employment authorization card and ssn n my drivers license my question is can they do that and what can I do to get that job???

Attorney Answers 3


  1. Best answer

    Generally, it is unlawful for an employer to discriminate against an applicant based on national origin or race. However, citizenship is not a protected class of people under the relevant anti-discrimination statutes. That said, there are rules under the Immigration Reform Control Act (IRCA) that prevents discrimination on the basis of citizenship where the applicant has proper documentation of a right to work. However, there are some fairly broad exceptions, especially where the employment would place the employee into sensitive positions related to national security or law enforcement, to name a couple.

    You should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. If the job required a security clearance, then yes.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Yea, they are permitted to require you to be a US citizen.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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