Q&A

Can employers ask for immigration status?

Can employers ask for immigration status?

Your employer may not: Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic.

Is it legal to hire only Americans?

A “U.S. citizens-only” policy in hiring is illegal. An employer may require U.S. citizenship for a particular job only if it is required by federal, state, or local law, or by government contract.

Can a Hiring Unit ask about immigration status?

Legal Compliance: When a candidate answers “yes” to the first question and “no” to the second question, the hiring unit is not allowed to ask further questions about immigration status. Asking further questions risks a discrimination charge.

What should I ask at an immigration interview?

If you’re unsure of the answer or do not understand a question, you should always say so rather than guess. The interview will start with the USCIS officer greeting you and introducing themselves. You should do likewise. They might ask, “How are you?” or something similar.

How to apply for an employment based immigrant visa?

The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.

Is it illegal to ask for immigration status?

In general, it is illegal to require applicants to be U.S. citizens or have a particular immigration status. The best approach is to remain informed of the options and requirements and hire the best candidate for the position.

Legal Compliance: When a candidate answers “yes” to the first question and “no” to the second question, the hiring unit is not allowed to ask further questions about immigration status. Asking further questions risks a discrimination charge.

What do employers need to know about immigration?

Public policy changes are needed to make immigration work for employers and protect American workers. To hire a legal workforce, employers need a national, entirely electronic and integrated employment eligibility verification system.

Why do immigration officers ask so many questions?

The officers are trained to be skeptical and ask a series of US immigration questions. Their first concern is security and your name will be checked against various computer databases. They are on the lookout for people who might be trying to enter the US for illegal purposes or to stay permanently.

What is the immigrant and Employee Rights Section?

The Immigrant and Employee Rights Section (IER), enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b. Regulations for this law are found at 28 C.F.R.