Employers should not ask applicants about their immigration status, including whether they are a citizen, naturalized citizen, lawful permanent resident, or refugee. Doing so could open the door to potential discrimination claims and legal risks.
Questions about immigration status can lead to discrimination claims in multiple ways:
Employers can and should confirm an applicant’s ability to work in the U.S., but only after making a job offer. Here’s how:
Use Form I-9 – After hiring, all U.S. employers must complete Form I-9 to verify an employee's eligibility to work.
Ask the Right Questions – Instead of inquiring about immigration status, you can ask: “Are you authorized to work in the United States?” This ensures compliance without crossing legal boundaries.
Staying up to date on employment laws is crucial for reducing legal risks in hiring. For more insights on compliant hiring practices, check out our related blog post: Real-Life HR Questions to Avoid in an Interview.
Contact us today to learn how we can support your hiring process while ensuring compliance.
This Q&A does not constitute legal advice and does not address state or local law.