Q: Can we ask job applicants about their immigration status?

The Short Answer: No

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.

Why Is This a Problem?

Questions about immigration status can lead to discrimination claims in multiple ways:

1. Intentional Discrimination – If you ask and use the information in your hiring decision, this is illegal.
2. Unintentional Bias – Even if you don’t mean to, using this information in your hiring decision (due to unconscious bias) is also illegal.
3. Perceived Discrimination – Even if you do not use the information, an applicant may believe it influenced your hiring decision, which could still lead to costly legal disputes.

What Can You Do Instead?

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.

Stay Compliant and Informed

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.