Series: What to Disclose in the Job Interview & What To Keep to Yourself

Episode 318 | Author: Emilie Aries

Talking About Citizenship & Immigration Status in the Interview

Today I’m continuing my series on job search disclosures: what to disclose in the interview and what to keep to yourself. We’ve already covered:

Today I want to talk about how to handle the issue of immigration and citizenship.

Please know, however, that I am not an attorney or immigration specialist by any means, so don’t let this blog post serve as a substitute for sound legal advice.

When Employers Can Ask About Your Immigration Status:

While employers are prohibited from asking if you’re a citizen outright, they can certainly ask about your work eligibility and require proof upon hire.

If they choose to add this verification step to their hiring process, however, they have to add it across the board for all new hires (meaning they can’t only check on citizenship status for folks who they suspect are not citizens) and they have to disclose that this is part of their hiring process from the start with a statement like this in their application:

"In compliance with federal law, all persons hired will be required to verify identity and eligibility to work in the United States and to complete the required employment eligibility verification form upon hire."

So if you see that disclosed on the job application, know that it’s going to come up one way or another if an offer is extended to you, and you can choose when to bring the issue up if you have special requests, such as an employer who’s willing to sponsor your work visa.

Sometimes, however, you’ll see employers jump the gun on this employment verification process by including a checkbox or drop-down menu on the initial application itself. If the field isn’t mandatory, feel free to skip it entirely. If it is, look for “other” and remember: if you have a green card or an approved H1B visa you could transfer, you can absolutely select “Yes, I am authorized to work in the U.S.”

The Bottom Line: When to Bring Up Immigration Status

Many immigration lawyers agree, however, that there is no upside to sharing your immigration status - especially if it’s on the more complex side - before landing an interview.

Recruiters and resume screeners who are looking for reasons to eliminate you from the candidate pool and narrow their search don’t need to know whether you would require an H-1B transfer or OPT sponsorship. It’s fully within your rights to only broach that subject upon receiving an offer or during the interview.