Am I legally obligated to disclose to my new employer that I am working based on an H-4 EAD?

Answer

An employer has an obligation to complete form I-9 for all new hires to verify that the employee is authorized to work in the United States. The EAD would provide that documentation, but one would not have to provide the H-4 I-94. Of course, by looking at the code on the EAD, the employer could determine that the individual is in H-4 status.

Note that, in most situations, an employer is prohibited from discriminating against an employee or job applicant based on the fact that the individual is working based on an EAD (as opposed to working based on being a green card holder or U.S. citizen). (21.Mar.2016)

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