Know Your Rights
Your Rights as an EAD Holder
Federal law protects you from discrimination based on your immigration status or national origin. Understanding these protections is the first step to ensuring fair treatment in the workplace.
What Employers Cannot Do
Under the Immigration and Nationality Act (INA) and the Immigration Reform and Control Act (IRCA), employers are prohibited from the following practices:
Ask about citizenship status before hiring
Employers cannot ask whether you are a U.S. citizen, permanent resident, or what your immigration category is during the application or interview process.
Demand specific I-9 documents
Employers must accept any valid combination of documents from the I-9 acceptable documents list. They cannot specify which documents you must present or reject valid documents.
Reject a valid EAD
An Employment Authorization Document is a List A document under I-9 rules. If your EAD is unexpired and reasonably appears genuine, an employer cannot refuse it.
Discriminate based on immigration category
An employer cannot prefer a green card holder over an EAD holder, or a citizen over a non-citizen, if both are authorized to work. This is citizenship status discrimination.
Retaliate against you for asserting your rights
If you file a complaint or assert your anti-discrimination rights, employers cannot fire, demote, or otherwise retaliate against you.
What Employers Can Do
Ask "Are you authorized to work in the United States?"
This is a legal pre-hire question. It asks about work authorization status without asking about citizenship or immigration category.
Verify I-9 after a hire offer is accepted
Employers are required by law to complete Form I-9 within three business days of an employee's start date. This is a legal obligation, not discrimination.
Set reverification dates
If your EAD has an expiration date, employers may note the reverification date and ask for updated documentation when that date arrives.
Use E-Verify
Employers may use E-Verify to electronically confirm employment eligibility. Some states and federal contractors are required to use it.
I-9 Basics for EAD Holders
Your EAD (Form I-766) is a List A document under I-9 rules. This means it establishes both identity and employment authorization on its own. You do not need to present any additional documents.
Never present additional documents beyond your EAD.
If an employer asks for a Social Security card, driver's license, or any other document in addition to your EAD, this is called “over-documentation” and is a form of discrimination. Your EAD alone is sufficient for Section 2 of Form I-9.
If you have an EAD receipt notice (I-797C) because your renewal is pending, this serves as a temporary List A receipt and is valid for up to 180 days while your new card is processed.
The Sponsorship Question
“Will you now or in the future require sponsorship for employment visa status?”
This is one of the most common questions on job applications, and it trips up many EAD holders. The answer is straightforward:
Answer: NO
You already have independent work authorization through your EAD.
An EAD grants you work authorization independent of any employer. You do not need an employer to sponsor you for a work visa. You are already authorized to work in the United States.
Note: If your underlying immigration case may eventually require employer sponsorship (e.g., you plan to transition from a temporary status to permanent residence through an employer), consult with an immigration attorney about how to best answer this question for your specific situation.
How to Report Violations
If an employer discriminates against you based on your citizenship or immigration status, you have several avenues for reporting:
DOJ Immigrant and Employee Rights Section (IER)
Citizenship/immigration status discrimination, unfair documentary practices, retaliation
1-800-255-7688
Free, confidential. Available in multiple languages.
Visit website →Department of Labor Wage & Hour Division
Wage theft, unpaid overtime, labor violations
1-866-487-9243
Protections apply regardless of immigration status.
Visit website →Equal Employment Opportunity Commission (EEOC)
National origin discrimination, harassment, retaliation
1-800-669-4000
File a charge within 180 days of the discriminatory act.
Visit website →State Labor Agencies
State-specific employment protections
Varies by state
Many states have stronger protections than federal law.
Visit website →Penalties for Employers
Federal law imposes significant penalties on employers who violate anti-discrimination provisions or I-9 requirements:
| Violation Type | Penalty Range | Per |
|---|---|---|
| Citizenship/immigration status discrimination | $575 – $23,048 | Per violation |
| Unfair documentary practices | $575 – $23,048 | Per violation |
| I-9 paperwork violations | $281 – $2,789 | Per I-9 |
| Knowingly hiring unauthorized workers | $698 – $27,894 | Per worker |
| Pattern or practice violations | Criminal penalties | Up to $3,000 per worker + imprisonment |
Recent Enforcement Actions
The Department of Justice actively enforces anti-discrimination provisions. These cases demonstrate that enforcement is real and penalties are substantial:
Apple Inc.
$25,000,000
2024
Settled with DOJ for discriminating against non-citizens in hiring by failing to recruit for certain positions on a permanent labor certification, and preferring temporary visa holders over other workers with permission to work.
Meta Platforms (Facebook)
$14,250,000
2023
Settled claims that it discriminated against U.S. workers by reserving positions for temporary visa holders through the PERM labor certification process.
SpaceX
Active lawsuit
2023-present
DOJ sued SpaceX for discriminating against refugees and asylees in hiring, alleging the company discouraged them from applying and refused to hire them based on citizenship status.
Brick & Bourbon
$95,000
2024
Minnesota restaurant settled for rejecting valid work authorization documents and requiring specific documents based on workers' perceived immigration status.
Official Resources
USCIS I-9 Central →
Official guidance on Form I-9, acceptable documents, and employer requirements.
DOJ Immigrant and Employee Rights →
File a charge of discrimination, get help in multiple languages.
Department of Labor →
Wage and hour protections, workplace safety, and labor standards.
E-Verify →
Electronic employment eligibility verification system.
Disclaimer: This page is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. For questions about your individual situation, consult a licensed immigration attorney. The information on this page was accurate at the time of publication but laws and regulations may change.