§ 1324b(a)(1) unless there is a legal requirement to limit hiring based on citizenship status. Such discriminatory limitations violate the law that IER enforces at 8 U.S.C. Unless legally required, avoid language in job postings that limits eligibility based on citizenship status, such as: You can also learn more about not requiring an SSN from job applicants and new hires in the EEOC’s guidance on national origin discrimination.īest Practices for Persons or Entities Advertising Employment Positions More information is available at and at 8 U.S.C. If you use E-Verify, E-Verify instructs you to delay creating the E-Verify case until the worker has received an SSN and that the worker may work during this time if the worker has completed the Form I-9.
#ASSUME THAT FOR THE LAST WORKER HIRED HOW TO#
The Social Security Administration (SSA) instructs employers that employees are allowed to work while waiting for their SSN, and the Internal Revenue Service and SSA explain how to report an employee’s wages until the employee provides you with the SSN. For example, unnecessarily requiring an SSN to apply for or start a job could create an unwarranted obstacle. 274a.12(a).Īvoid creating unnecessary hurdles for work-authorized individuals who may not have received a Social Security number (SSN) yet, including some newly-arrived lawful permanent residents and refugees. citizens at by contacting IER, and at 8 C.F.R. You can learn more about employment authorization for non-U.S. citizens have employment authorization in the United States. citizens are authorized to work, because many non-U.S. § 2000e-2.Īdopt employment policies and practices that refrain from discriminating based on citizenship status or national origin.ĭo not assume that only U.S.
The Equal Employment Opportunity Commission (EEOC) investigates national origin claims against employers with 15 or more employees, and all workers are protected under the law that the EEOC enforces, which is found at 42 U.S.C. IER investigates national origin claims against employers with four to 14 employees, and all work-authorized individuals are protected under this part of the law. The law that IER enforces prohibits national origin at 8 U.S.C.
Treat workers consistently in recruitment or hiring, without regard to their actual or perceived national origin. You can learn more about citizenship status discrimination by contacting IER and at 8 U.S.C. citizen nationals, lawful permanent residents, asylees, and refugees consistently in recruitment or hiring, without regard to their citizenship status, except in the limited situation where a law, regulation, executive order, or government contract requires you to consider candidates with certain citizenship statuses. This part of the INA is found at 8 U.S.C. § 1324b(a)(1).īest Practices for Employers and Recruiters When Hiring Department of Justice’s Civil Rights Division enforces a part of the Immigration and Nationality Act (INA) that prohibits certain types of employment discrimination based on citizenship status and national origin with respect to hiring, firing, and recruiting or referring for a fee. The Immigrant and Employee Rights Section (IER) of the U.S. The Immigration and Nationality Act prohibits citizenship status and national origin discrimination with respect to hiring, termination, and recruiting or referring for a fee.
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