Is it legal to deny my application due to my foreign student status?

[jumper1127]

Hi guys! I just found out this forum yesterday and found it was pretty helpful. This is the first time I make a post here, so please let me know if there's anything inappropriate.

I am a foreign student with an F1 visa. I'm applying for a summer internship which requires me to work for three months. Since CPT is not suitable for me, I want to use OPT to get the work authorization. I was selected to the interview, but the interviewer told me she couldn't hire me because I didn't have "unrestricted work authorization", by which she meant it should not be a time- or employer-related work authorization. I checked some websites and fount that it might be illegal to deny my application due to this reason only. OSC says "Citizenship status discrimination occurs when an employer treats individuals differently because of their citizenship or immigration status". So can I argue with them to indicate my eligibility to this job? Or are there any rules or laws supporting my right to get the job?

I'd really appreciate your reply. I need to reply to my interviewer as soon as possible before she finally determines which person gets the job. Thank you.

[keiryu]

How did you communicate to the interviewer your status? If you said that you plan on applying for OPT then you do not have authorization to work which they have legal grounds to stop your application. If you do have OPT approved, then there may be grounds for discrimination. But it sounds like this was over their words and nothing was documented. I highly doubt they will hire you simply because you threaten them on discriminating.

[kumaabh]

Hello!
Few years back when i was a student, i was faced with the same situation. If you are selected for the internship oppurtunity and you have a valid EAD card for 3 months or whatever is the duration of the internship then it is illegal for the employer to deny you the internship oppurtunity. The recruiter or the hr person needs to be educated about this.

[jumper1127]

Thank you for your reply. I'm not going to threaten them by the laws. I don't want to mess up the relationship with the recruiters. I know it's hard for me to get the job this time, but I just wonder whether I still have a chance to apply for the jobs they are going to offer in the future. My interviewer told me there was absolutely no chance for people with "restricted work authorization", but the description online said there should be some exceptions for international students. BTW, I haven't got my EAD yet, since it takes some time to apply for OPT. But I'm sure if I want to apply for one, I should be able to get EAD. The internship is over the coming summer, so I have enough time to receive my EAD before that.

Do you mean if I have EAD now, they cannot deny my application due to my optional training status?