Immigration Status: What Questions May an Employer Ask a Job Applicant?

Almost 30 years after the passage of IRCA, which imposed penalties on employers for hiring persons not authorized to work and which introduced citizenship discrimination protection, employers are still searching for guidance as to what questions they may ask job applicants about their immigration status.

In the August 2014 issue of the publication Employment Law Strategist, Business Immigration Group Co-Chairs Ted Ruthizer and Mark Koestler set out answers to the most common questions that corporate clients ask them, and they provide their recommendations for the permissible questions that employers may pose to prospective employees.