Employment Authorization: Ask, But Ask Carefully (Part 2)

As discussed on our Labor & Employment Law Perspectives Blog on March 12, 2012, it is a best practice to ask job applicants about their ability to work legally in the United States. While asking "are you authorized to work lawfully in the United States" is necessary, that question may not generate sufficient information. Some employers may not wish to commence ("sponsor") an employment-based immigration case in order to fill the open position. Such employers may be frustrated when they learn only after hiring a candidate that he requires an H-1B case or other employment-based immigration case in order to work lawfully.Employers may avoid this surprise by asking a follow up question: