How To Ask About Citizenship Status?

Can you ask about citizenship on an application?

Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment.

Employees are allowed to choose which documents to show for employment eligibility verification from the Form I-9 Lists of Acceptable Documents.

How do you ask if someone is a citizen?

The primary way of asking about citizenship status is to have the employee fill out IRS Form I-9, “Employment Eligibility Verification,” no later than his or her first day of work for pay.

How do I check my citizenship status?

To check your immigration status online, go to the USCIS “Case Status Online” page and enter your receipt number. It’s a good idea to also sign up for case updates from USCIS by creating an account (on the same page). Another important area of the USCIS website is the Check Case Processing Times page.

Can you ask about work authorization?

The question must focus on the job applicant’s ability to work legally in the United States. The question should not ask about the applicant’s immigration status or citizenship. Therefore, an employer may ask: Are you authorized to work lawfully in the United States for [insert company name]?

What Cannot be asked on an employment application?

Application & Hiring

It is illegal for an employer to discriminate against a job applicant because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

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Can you ask if someone needs sponsorship?

Can we lawfully ask whether the candidate requires immigration sponsorship in order to obtain authorization to work for our company? A. Yes. Since an employer can decide whether to sponsor the employment visa for an employee, it follows that it may ask questions related to whether the candidate requires sponsorship.

Is it illegal to ask someone if they are a citizen?

It is against the law to knowingly hire someone who is not authorized to work in the United States. Even so, the Immigration Reform and Control Act generally forbids you from asking a person to prove his or her citizenship during a job interview or at any time before you offer employment.

Do employers have to verify citizenship?

Federal Law

IRCA requires all employers, regardless of number of employees, to verify the identity of new employees and their eligibility for employment in the United States. IRCA also prohibits discrimination based on citizenship or national origin.

How do you find out if someone is here legally?

To find out a person’s immigration status, you can either use the E-Verify website or submit a FOIA request to the Department of Homeland Security (DHS). The method that is most appropriate for you will depend on your reason for needing this information.