Employers often ask me: “What pre-employment questions are permissible to ask to help me determine whether a prospective candidate requires immigration sponsorship?”
Employers are prohibited from denying protected individuals employment because of their real or perceived immigration or citizenship status.
Until recently, the following two questions were the only accepted questions for pre-hire screening:
- Are you authorized to work in the U.S.?; and
- Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?