Hello,
I have read that an employer cannot ask about citizenship and visa status during an interview. The only admitted questions are:
- ARE YOU LEGALLY AUTHORIZED TO WORK IN THE U.S.?
- WILL YOU NOW OR IN THE FUTURE REQUIRE SPONSORSHIP FOR
EMPLOYMENT VISA STATUS? (E.G. H-1B VISA STATUS)
Assuming that an interational student (F1 visa) decided to apply for a big corporation. The student completed his degree and he has an unrestricted work permission as OPT for 12 months that can be extended other 17 months (if STEM).
He has the legal right to work in the U.S. and he will not require any sponsorship now. About future who knows. Nobody can know in 2 years an half if he will require a sponsorship or not. So he answered no to all these questions.
Now assuming that the employer also asked if the candidate was U.S. citizen and during the interview asked again the visa status/citizenship of the canidate. Was this an illegal question? Well in that case the candidate decided to lie to the illegal question.
Finally assume that the candidate received the job offer and after a screening the employer realized it was not citizen or not a permanent resident and decided to withdraw the hiring process.
What happen if the candidate will sue the company? Can a lawyer make a good case and get money or force the company to hire?
Thank you
I have read that an employer cannot ask about citizenship and visa status during an interview. The only admitted questions are:
- ARE YOU LEGALLY AUTHORIZED TO WORK IN THE U.S.?
- WILL YOU NOW OR IN THE FUTURE REQUIRE SPONSORSHIP FOR
EMPLOYMENT VISA STATUS? (E.G. H-1B VISA STATUS)
Assuming that an interational student (F1 visa) decided to apply for a big corporation. The student completed his degree and he has an unrestricted work permission as OPT for 12 months that can be extended other 17 months (if STEM).
He has the legal right to work in the U.S. and he will not require any sponsorship now. About future who knows. Nobody can know in 2 years an half if he will require a sponsorship or not. So he answered no to all these questions.
Now assuming that the employer also asked if the candidate was U.S. citizen and during the interview asked again the visa status/citizenship of the canidate. Was this an illegal question? Well in that case the candidate decided to lie to the illegal question.
Finally assume that the candidate received the job offer and after a screening the employer realized it was not citizen or not a permanent resident and decided to withdraw the hiring process.
What happen if the candidate will sue the company? Can a lawyer make a good case and get money or force the company to hire?
Thank you
Recruitment: Unlawful Hiring Questions About Visa Status and Citizenship
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