What Immigration-Related Questions Can Employers Ask During the Hiring Process?

Tags

Hiring, Human Resources, I-9, Immigration Compliance, Sponsorship, Work Authorization

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:

1. Are you authorized to work in the U.S.?; and
2. Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?

I-9 Alert: Automatic Extensions of EADs

Tags

EAD, High-Skilled Workers, I-765, I-9, USCIS, Work Authorization

Due to the new High-Skilled Workers rule that went into effect on January 17, 2017, USCIS is no longer required to adjudicate EADs within ninety days. To help prevent a gap in employment authorization, DHS will grant automatic 180-day EAD extensions in most categories if filed on the same basis as the initial EAD.

Here is what you need to know about these new regulation.