Can an employer discriminate based on immigration 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.

Can I ask a candidate about their visa status?

Legal Compliance: When a candidate answer “yes” to both questions, the hiring unit is allowed to ask further questions about immigration status without risking liability or a discrimination charge.

Can you ask about citizenship on a job application?

An employer should not ask questions such as “Are you a U.S. citizen or do you have a visa that allows you to work?” For most purposes, if the person is authorized to work for the employer, it does not matter whether the source of the work authorization is American citizenship, permanent residence in theUnited States.

Can a background check reveal your immigration status?

Yes it does, although indirectly. Citizenship, genealogy and personal history are featured prominently within the reports, though it’s worth mentioning that the results won’t explicitly mention that the subject is an immigrant.

Do I need to inform my employer if I get green card?

It is advisable to notify your employer that you are now a U.S. Permanent Resident and provide your employer with your Permanent Resident Card, so that the employer may make a copy of it and update its I-9 compliance files for your…

Who is protected from citizenship status discrimination?

U.S. citizens, U.S. nationals, asylees, refugees, and recent lawful permanent residents are protected from citizenship status discrimination in hiring, firing, and recruitment or referral for a fee.

What is an immigration status?

Immigration status refers to the way in which a person is present in the United States. Everyone has an immigration status. Some examples of immigration status include: US citizen.

Will you in the future require sponsorship for employment visa status?

Then reply Yes. It means the company is askung if you are an international student. If you are, then you must reply “Yes”. It means you will need spinsorship (in the form of h1 visa) even if you have available 2 years of opt.

How do employers verify citizenship?

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.

When to share your immigration status in a job interview?

If you get a positive signal from the decision maker, share your immigrant status near the end of the interview. Whatever you do, don’t treat your H-1B or OPT status as a negative–wrap your immigration status into your larger story.

What should I bring to my immigration interview?

The interview notice will often include a general list of documents that might not always apply to you completely. It’s recommended to bring the original document of every copy you submitted in your application. You will be instructed to bring an interpreter if you do not speak English fluently. Need help with your immigration situation?

What to do if your immigration interview is going sour?

Listen to the Questions Asked and Respond Appropriately. Practically nothing aggravates and disconcerts an immigration officer more than an applicant who does not directly answer the question asked. In my years of experience, this is perhaps the number one cause of immigration interviews going sour.

Do you have to go to an interview with USCIS?

Many, but not all, immigration procedures require an interview with an official from the Bureau of U.S. Citizenship and Immigration Services (USCIS). Being prepared and not arousing suspicion will make the USCIS interview as pleasant as possible.