Are Employers Required To Check Immigration Status?

by | Last updated on January 24, 2024

, , , ,

Specifically,

employers are not allowed to

, on the basis of , , or national origin, request more or different documents than are required to verify employment eligibility and identity, reject reasonably genuine-looking documents, or specify certain documents over others.

Is it legal to ask about immigration status?


Customs officers can ask about your status when entering or leaving the country

. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency.

Does immigration Call your employer?


Neither agency generally calls employers

. Instead, if additional information is required, they send requests for evidence.

Do employers ask for green card?


Your employer cannot demand that you provide

a U.S. passport or Green Card. Reject any document that does not reasonably appear to be genuine or to relate to you.

Can an employer discriminate based on immigration status?

A part of the Immigration and Nationality Act, found at 8 U.S.C. section 1324b,

prohibits employers from discriminating

against individuals based on their citizenship or immigration status, or their national origin, during the hiring, firing, recruiting, Form I-9, or E-Verify processes.

Do visa officers call your employer?

Immigration officers

may also call your US employer

and ask them to confirm the details of the job offer and employment. … That's why you should contact your US employer and make sure that a knowledgeable company representative is available to speak on the phone at the time you will be applying at the port of entry.

Does immigration check your work history?

The U.S. Department of Homeland Security also has the

right to verify

the information you provide by means including unannounced visits to your places of employment before or even after it has made a decision on your application.

Can my employer fire me for expired green card?


The law prohibits employers from terminating employees simply because their green cards expire

. If you feel your employer unlawfully fired you, get help from the U.S. Office of Special Counsel for Immigration-related Unfair Employment Practice, by calling (800) 255-7688.

Can an employer ask about citizenship?

Generally,

California employers may not ask you about your citizenship status during an interview

. After you receive a job offer, though, employers must work to verify your identity and work eligibility.

Can immigrants sue their employment?

In addition to those laws, according to CA Labor Code § 1019, Immigrants can

sue their employer for any unfair immigration related practice

including: … Contacting or threatening to contact immigration authorities.

Is immigration a protected class?

All immigrants

are protected against discrimination

because of their race, ethnicity, ancestry, national origin, sex, sexual orientation, gender identity, disability, religion, and certain other characteristics, as well as primary language, immigration status, and citizenship.

Can you hire someone without a green card?

You can work in the United States without a green card only if you have a non-immigrant visa such as an H, L, or O visa or

an employment authorization card (EAC)

. Alternatively, employers may file petitions for labor certification upon meeting certain requirements, such as the ability to pay the proffered wage.

What do visa officers check?

They'll be able to read

your body language, spot hesitations and inconsistencies

. Yes each officer is different, and approval rate depends on the embassy you are located in.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.