Can I appeal to anti-discrimination laws as a non citizen?

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Let's assume that I'm coming to an interview of a company in USA and notifying them, that I have Asperger's, bipolar and anxiety disorders.
They reject me for some made up reasons. However, I have a university degree, >10 years experience and an extensive list of the projects that I have done before, for different companies.
I'm not a citizen of USA, but they knew this and they routinely hire people from abroad making them H1-B visas.
Is it possible to win a discrimination lawsuit against them, or there are some law restrictions that will make this 100% impossible?

I would talk to an employment lawyer.

My impression is that anti-discrimination laws have less "teeth" for those who are not citizens.

Let me emphasize that I don't judge people based upon their citizenship.

Do yourself a favor: don't reveal that you have any sort of mental condition before you are hired for a job.

That's what I was always doing. As a result, I have an interview success rate under 5%.

Your success rate would be even less if you do reveal a disability.

Well, that's what I was afraid of. It seems that protection of people with ASD is just a talk.

I'm rather high-functioning but even then I don't usually disclose I have Asperger's (regardless of any ADA benefits that brings) into I'm far enough along in the process that they can see who I am and how effectively I function. They're usually pretty understanding about being hesitant to disclose it because discrimination is both A) there and B) Really hard to prove. A employer can make up any myriad of reasons to deny you on the spot and hide the real intentions. That said, I'm rather on the high-functioning end (as mentioned). I was diagnosed as a child and quickly grew out of my eccentric tendencies - being bullied a lot does that to you. I mostly work government jobs now so they can't get away with doing much to me for disclosing it anyways, but I still like not having to cover it up at work.

Unfortunate as it is, stating you're on the spectrum on a job application can mean some kind of made up denial. It's also worth noting the main piece of legislation protecting people with ASD employment wise is the ADA - the Americans with disabilities act, so I'd hazard a guess that it's less powerful or completely not there for foreigners, but that's just a guess. You're better off speaking to a lawyer than anyone on this forum.

It's a lot harder to get hired by a US company if you aren't a US citizen. Filing paperwork for an H1-B visa is $60-80K, plus the demand for them greatly exceeds the available supply. Not getting hired at a US company may have more to do with that than your disabilities.

My approach is not to disclose during the hiring process... but shortly after starting a new job. "She's really good at X, has Aspergers and would appreciate if you could submit requests via email" is infinitely preferable to "she's a highly strung lunatic who appears to have been raised by under-socialized wolves".

Nope. Those interviews were for abroad workers only.

Take a step away from the situation and look at what you're saying;

"You have to hire me because I think I can do the job, I don't know anyone else going for the interview but I know I'm the best and if you don't hire me it must be because you are discriminating and I will sue you."

Essentially, that's what you're thinking. Use this energy to try and improve your interview technique and focus on other jobs. Not everyone gets every job they go for, that's life....having ASD doesn't mean you get to play the "demand or sue" card.

What are these "made up reasons"?
Which country are you from?
What reasons do you give to want to work for them?

Metaphorically speaking, while you may be able to "walk on water", you may be losing out to those who can walk on water, turn water into wine, heal the sick, and raise the dead.

In other words, all else being equal, you may very well be losing out to better-qualified people, and this is not discrimination.

Most anti-discrimination laws are applicable to any U.S. citizen or resident alien (visitor) who is residing lawfully within the United States or any of its various states. So, if you have a U.S. work or student visa, the laws apply to you, too. But, here's the bad news: Pursuing a lawsuit based on a complaint of discrimination is difficult and can be a long journey. In fact, the employer's lawyers could realistically delay court hearings until long after your visa expires. It isn't fair, but it is legal for them to do this. Neither side in a lawsuit likes them.

Here's the good news: Most major U.S. cities (and many small cities) have groups of lawyers who can advocate on your behalf such as the Legal Aid Society. To help find some of these groups near you, it is possible to contact your local American Civil Liberties Union chapter. It won't be able to help you pursue a lawsuit, but it will be able to tell you about the other local groups near you who can. Those groups should be able to review your claim and tell you if you might win (most don't win).

When all is said and done, you need to get a job quickly. That should be your first priority, not pursuing a lawsuit. Focus on that for now, and you can always pursue a lawsuit after you are employed. The trouble with any lawsuit is that you must have material evidence that you were treated unfairly, not simply that you weren't hired. I don't mean to be critical of you, but lawsuits are soul-crushing experiences.

That's what I said: Talk to a lawyer.

But...like AspieUtah stated, you have to get your priorities straight. You objective is a JOB.

The way to get a job is not to stand out in a negative way. Disclosing you have a disability makes you STAND OUT.

Filing a discrimination lawsuit will make you stand out even more. Not only would your actions be a matter of public record, but your actions may be passed by word-of-mouth between HR managers of different companies. Trust me ... it does happen ...

And because there would be no formal record of these conversations, you would have no legal recourse to fight them.

Non-US citizens are not protected anti-discrimination laws or the US constitution outside the physical United States. If you were actually located in the US it might be different.

It's also possible to be 100% qualified for a job and not get it. Maybe lots of equally qualified people applied. Maybe better qualified people applied.

I sympathize with you, sir.

I can understand, viscerally, the need for employment. To make a living.

Truthfully, even for US citizens, the anti-discrimination in the US laws lack teeth. Especially when it comes to the hiring phase. They can refuse to hire you for any and all reasons. Speak to an attorney; he/she would probably tell you the same thing.

The thing to do, in a practical sense: DON'T DISCLOSE. Just come across as a "normal" person who has all these qualifications. Disclosing you have a (especially) "mental" disability would do you great harm.