Brookline, MA asked in Employment Law, Immigration Law and Employment Discrimination for Massachusetts

Q: Can an employer refuse to hire you on OPT?

I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of unrestricted legal work authorization. However, they said that they do not hire anyone who does not have a long term work authorization (basically citizenship or green card). I had already quit my previous job because I had the formal written offer and now they are trying rescind the offer based on my visa, leaving me in a very tough spot. Is that legal for a company to do? I am not even asking for H1-B sponsorship - just the opportunity to work for 3 years while my Employment Authorization Document is still valid, but they refuse, saying it's company policy. Is this legal? Can this be seen as discrimination? Really appreciate all responses. Thank you!

1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.