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8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming eligible.

So, if you are a green card holder who flips burgers at a fast food restaurant, is it illegal for your employer to fire you for making the choice to not apply for US citizenship, 6 months after you become eligible? Or, is there a separate statute that forbids such practice?

  • Almost all places in the US have "at-will" employment, which means that someone can be fired for no reason, or for any reason except some designated ones. Usually, the question is related to unemployment insurance, and is whether an employee is fired with good cause or not. – David Thornley Nov 5 '18 at 17:47
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That would probably be a violation of the regulations.

However, the plaintiff would have to prove the reason for the dismissal was related to a citizenship status issue, obviously.

  • "That would probably be a violation of the regulations." What regulations? "However, the plaintiff would have to prove the reason for the dismissal was related to a citizenship status issue, obviously." But permanent residents who have not applied for naturalization within 6 months of being eligible are not "protected individuals" who are protected against citizenship status discrimination. – user102008 Dec 5 '18 at 18:49
  • @user102008 The regulations that the OP linked in his question. Maybe read the question before commenting on stuff? – Cicero Dec 5 '18 at 19:22
  • That's a law, not regulation, and it specifically does not protect permanent residents who have not filed for naturalization within 6 months of being eligible from citizenship status discrimination. Maybe you should read the text of the law before commenting on it. – user102008 Dec 5 '18 at 19:48

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