How and when may we ask job candidates about their sponsorship needs?
You can and should demand that all job candidates be authorized to accept U.S. employment, by asking, for example, “Are you authorized to work and accept new employment in the United States?” However, you may not ask about a candidate’s national origin, citizenship*, current immigration status, specific documents, or the duration or legal basis for any current work authorization they may have. You should not ask to see proof of work authorization until after a job offer is made, as seeing these documents earlier could subject you to a claim of discrimination if no job offer is made to that candidate. You may also ask, “Do you now, or will you in the future, need sponsorship from an employer in order to obtain, extend or renew your authorization to work in the United States?” You must ask the same questions of all applicants, preferably at the same point in the process, in order to avoid discrimination. This is best done by use of a standard printed questionnaire at the initial screenin
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