can you ask about visa status in interview

Even so, the Immigration Reform and Control Act

generally forbids you from asking a person to prove his or her citizenship during a job interview or at any time before you offer employment. Verifying a person’s eligibility is something you do only after you’ve hired the candidate.

Full Answer

Is it OK to ask about immigration status on job application?

The OSC nevertheless opined that questions about an applicant’s immigration or citizenship status can deter protected individuals, such as refugees, from applying. Accordingly, the OSC cautioned against asking “detailed questions” pertaining to an applicant’s immigration status.

Is it OK to ask for interview status?

Asking about interview status is often the only way to keep yourself in the loop. Following up to ask about interview status is also an opportunity to reiterate your enthusiasm for the job. In this way, your email asking about interview status has two purposes—getting you the information you want, and improving your prospects.

What questions can be asked in an immigration interview?

The OSC has previously established the following questions are allowable in an interview setting: Are you authorized to work lawfully in the United States? Will you now, or in the future require [company name] to commence (sponsor) an immigration case in order to employ you (for example, H-1B or other employment-based immigration case)?

What should an interviewer consider when asking questions about an applicant?

Before asking the question, the interviewer should first determine whether this information is really necessary to judge the applicant's qualifications, level of skills and overall competence for the job in question. Interviewing prospective employees and using employment applications are important tools that employers use in the selection process.

Can employers ask immigration status?

No. If a worker records a USCIS or Alien Number, or an Admission Number, in Section 1 of the Form I-9, an employer is not allowed to ask or see a specific document with that number or otherwise specify which documentation a worker may present, based on the worker's citizenship status.

Is it illegal to ask immigration status?

Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency.

Can you ask someone if they are a US citizen in an interview?

Even so, the Immigration Reform and Control Act generally forbids you from asking a person to prove his or her citizenship during a job interview or at any time before you offer employment.

What immigration related questions can employers ask during the hiring process?

What Immigration-Related Questions Can Employers Ask During the Hiring Process?Will you now, or in the future, require sponsorship (i.e. H-1B visa, etc.) to legally work in the U.S.?If so, are you currently in a period of Optional Practical Training (OPT)?More items...•

Can you ask an employee their visa status?

The question must focus on the job applicant's ability to work legally in the United States. The question should not ask about the applicant's immigration status or citizenship. Therefore, an employer may ask: Are you authorized to work lawfully in the United States for [insert company name]?

Can you not hire someone because of visa status?

A part of the Immigration and Nationality Act, found at 8 U.S.C. section 1324b, prohibits employers from discriminating against individuals based on their citizenship or immigration status, or their national origin, during the hiring, firing, recruiting, Form I-9, or E-Verify processes.

When can you ask about visa status?

During the hiring process, employers should not ask a job applicant to prove his or her citizenship status (i.e., by requiring an applicant to present documents); such should wait until after the employer has hired the applicant.

What you Cannot ask in an interview?

Disability. Gender, sex or sexual orientation. Marital status, family, or pregnancy. Race, color, or ethnicity.

What can you not ask during an interview?

Illegal job interview questions solicit information from job candidates that could be used to discriminate against them. Asking questions about a candidate's age, race, religion, or gender could open a company up to a discrimination lawsuit.

Can you ask a candidate what visa they have?

So you shouldn't ask an applicant which documents they have to prove authorization, but you can inquire as to whether or not an applicant will require an H1-B visa, for instance. Be sure to ask the same question to every applicant.

How can I check someone's immigration status?

To find out a person's immigration status, you can either use the E-Verify website or submit a FOIA request to the Department of Homeland Security (DHS).

Can you ask a candidate if they need a work visa?

2 (confirming that a company “may ask candidates for the position whether they will require sponsorship for a visa”) . If, however, an employer asks the second question, it should do so for all job applicants. An employer has no legal obligation to commence an immigration case.

Can a police officer ask your immigration status in Texas?

It IS legal for Texas law enforcement to inquire about immigration status in the course of enforcing Texas criminal laws. However, it is not required. Texas' new law does not change the way police are required to act when enforcing Texas laws on the streets.

What are the rights of a non U.S. citizen?

But once here, even undocumented immigrants have the right to freedom of speech and religion, the right to be treated fairly, the right to privacy, and the other fundamental rights U.S. citizens enjoy. Since immigrants don't have the right to enter the U.S., those who are not here legally are subject to deportation.

Can you go to jail for overstaying your visa?

“[U]under current law, illegal entry into the United States makes an alien subject to a Federal criminal misdemeanor with a maximum penalty of 6 months in prison. However, unlawful presence itself, such as by overstaying a visa, is not a criminal offense, but only a civil ground of inadmissibility…

Do you have to answer if you are a U.S. citizen at a checkpoint?

If you are held at the checkpoint for more than brief questioning, you can ask the agent if you are free to leave. You always have the right to remain silent. However, if you don't answer questions to establish your citizenship, officials may detain you longer in order to verify your immigration status.

Why should employers treat all applicants the same way?

As a general rule, employers should treat all applicants the same way. A uniform and consistent process protects employers from potential national origin and citizen status discrimination claims.

Why is the OSC not asking about citizenship?

The OSC cautioned employers against asking job applicants detailed questions about their immigration or citizenship status because it may deter protected individuals and could be considered a violation.

Why are such questions permissible?

Such questions are permissible because they are designed to determine potential hires’ eligibility status or whether you would have to sponsor the applicant for which you are under no legal obligation to do so. The INA’s anti-discrimination policies prohibit discrimination against certain “protected individuals,” including:

Do you have to ask each applicant the same question?

You have to ask each applicant the same question in the same way. To avoid bias, it’s best to ask this question prior to the interview. Remember to mind your language. Any hint of bias could make you liable to discrimination charges and investigations by the Department of Justice’s Office of Special Council (OSC).

Can you verify a person's eligibility?

What this means is that you can only verify a person’s eligibility status after you’ve made the decision to hire them. However, you can inform potential candidates that you plan on verifying their authorization status upon selection.

Can you refuse to hire someone because their visa expires?

Then again, this is tantamount to wading through murky waters because you would have to prove that this was the sole reason you couldn’t hire that particular individual. And you cannot refuse to hire someone because their visa will expire in the future.

Do you have to prove citizenship to work in the US?

The Immigration Reform and Control Act requires you to verify your employees’ eligibility status, even those you know to be U.S. citizens. However, the same Act prohibits you from asking people to prove their citizenship or work status before offering them employment.

What is the Office of Special Counsel for Immigration-Related Unfair Employment Practices?

The US Department of Justice’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act.

Can employers discriminate against immigrants?

Register. According to the anti-discrimination provision of the Immigration and Nationality Act (INA), employers can’t discriminate against potential employees based on their immigration or nationality status. Asking which specific types of documents applicants will use to verify eligibility puts you at risk of facing a discrimination lawsuit ...

Why do I need to ask about my job application status after an interview?

There are a few common reasons to ask about your job application after an interview, including:

When do I ask about my job application status after an interview?

At the end of an interview, it is common to ask about possible next stages within the hiring process and when you can expect to hear a decision. This shows you are still interested in the position after interviewing and are ready to take initiative to begin the job.

Tips for asking about your job application status

Here are some tips that may help you when asking about your job application status:

Examples of asking about your job application status

Here are three examples of asking about your job application status after an interview over the phone and by email:

When You Can Ask

The Immigration Reform and Control Act requires all employees to provide proof to employers that they can legally work in the U.S. Employers are required to verify the eligibility status of all employees, even those they know are U.S. citizens. It is against the law to knowingly hire someone who is not authorized to work in the United States.

How You Should Ask

The primary way of asking about citizenship status is to have the employee fill out IRS Form I-9, “Employment Eligibility Verification,” no later than his or her first day of work for pay.

When Is It Over the Line?

Treating employees differently is a form of discrimination that can land you in a lot of trouble. Although it’s your duty to use the I-9 to verify a person’s work eligibility, it is not your right to invade the privacy of others.

Conclusion

It is illegal to discriminate against a job candidate or employee based on citizenship status, even if you don’t do it intentionally. By understanding when and how you can ask about citizenship, you can make sure you’re doing your part to stay compliant and avoid legal repercussions down the line.

Why is it illegal to ask about a job candidate's salary history?

A growing trend in state and local laws prohibits asking about a job candidate's salary history due to concerns that this practice may perpetuate gender and racial pay gaps if employers base a new employee's pay on the individual's previous salary. See More Jurisdictions Are Banning Salary-History Inquiries.

Why is it important to interview prospective employees?

The objective is to determine whether an applicant is suitable for an available position. The interview and the application provide the employer an opportunity to obtain in-depth information about a job applicant's skills, work history, employment background and references. See 12 Unconventional Interview Questions That Recruiters Should Ask.

Is it illegal to ask about a military discharge?

Military discharge inquiries are not illegal, but they are likely ill-advised. By making such inquiries, employers could subject themselves to possible disparate impact claims. The EEOC has stated that basing hiring decisions solely on military discharge status violates Title VII because discharge status has been found to adversely affect African-Americans, and it is not unequivocally tied to general business necessities. Questions relative to type of military discharge should be asked only when the information sought is directly relevant to the job and should be accompanied by a statement to the effect that less-than-honorable discharges are not absolute bars to employment, depending on the nature of the job sought. See Think Before Asking About a Veteran's Discharge Status.

Should an applicant be asked questions that are job related?

Therefore, an applicant should be asked questions that are job-related only. Before asking the question, the interviewer should first determine whether this information is really necessary to judge the applicant's qualifications, level of skills and overall competence for the job in question. Business Case.

Should employers conduct ongoing reviews of all job criteria and interview questions to make sure they are job- and business-related?

Thus, to avoid problems, employers should conduct ongoing reviews of all job criteria and interview questions to make sure they are job- and business-related. See Have You Seen These Gender Biases During Job Interviews?

Do employers have to avoid asking discriminatory questions?

Despite specific information employers would like to have, they must avoid asking discriminatory questions in interviews or on application forms and resist basing an applicant's evaluation on criteria that are discriminatory in nature. Many discrimination complaints and lawsuits stem from interviews and application forms.

When did the INA require employers to verify employment?

The INA requires employers to verify the identity and employment eligibility of all employees hired after November 6, 1986, by completing the Employment Eligibility Verification (I-9) Form, and reviewing documents showing the employee's identity and employment authorization. Other state and federal laws require some employers to use E-Verify.

What is the number to call for unemployment?

Calls can be anonymous and in any language: 1-800-255-7688 (employees/applicants) 1-800-255-8155 (employers) 1-800-237-2515 and 202-616-5525 (TTY for employees/applicants and employers) www.justice.gov/ier.

What is e-verify for employers?

E-Verify employers must use the system consistently and without regard to the citizenship, immigration status, or national origin of employees. They must also notify every employee who receives a Tentative Nonconfirmation (TNC) and should not make assumptions about employment authorization based on the TNC issuance.

Can an employer conduct an I-9 before accepting an offer of employment?

Federal law also prohibits employers from conducting the Form I-9 and E-Ver ify processes before the employee has accepted an offer of employment. Applicants may be informed of these requirements in the pre-employment setting by adding the following statement on the employment application: "In compliance with federal law, ...

Can an employer require a green card?

For example, an employer cannot require only those who the employer perceives as "foreign" to produce specific documents, such as Permanent Resident ("green") cards or Employment Authorization Documents. Employees are allowed to choose which documents to show for employment eligibility verification from the Form I-9 Lists of Acceptable Documents.

Do I need to use e-verify?

Federal law prohibits employers from rejecting valid documents or insisting on additional documents beyond what is required for the Form I-9 or E-Verify processes, based on an employee's citizenship status or national origin.

Can an employee choose which documents to show for employment eligibility verification?

Employees are allowed to choose which documents to show for employment eligibility verification from the Form I-9 Lists of Acceptable Documents. Employers should accept any unexpired document from the Lists of Acceptable Documents so long as the document appears reasonably genuine on its face and relates to the employee.