Compliant Job Screenings Avoid Discrimination

Navigating job-screening conversations with foreign graduates should be done carefully to balance compliance with anti-discrimination laws. There are considerations that should be made when formulating screening questions. Below you will find guidance on how to best conduct your next interview with a foreign graduate.

Initial Screening Questions

To avoid discrimination claims, a company should uniformly ask these two specific questions of ALL job candidates during the regular job position screening/application process:

  1. “Are you authorized to work lawfully in the United States for [Company Name]?”
  2. “Will you now or in the future require [Company Name] to sponsor an immigration case to employ you?”

If a candidate indicates they will require sponsorship, follow-up questions are generally recommended only *after* an offer of conditional employment has been made.

OPT-Specific Questions

OPT-specific questions should be framed around practical aspects of employment eligibility and compliance with immigration laws:

  1. “Are you currently participating in Optional Practical Training (OPT)? If so, what is the start/end date of your current work authorization?” — This question is acceptable as it directly relates to current work authorization status and duration.
  2. “Do you have any extensions available, such as the 24-month STEM OPT extension?” — This is permissible as it pertains to the potential duration of work authorization without sponsorship.
  3. “Are you aware that this position requires employment with an employer registered with E-Verify? Have you been employed under E-Verify before?” — These questions are acceptable as they relate to the company’s legal obligations for hiring STEM OPT candidates.
  4. “Are you available to begin employment with [Company Name] on or around [preferred start date]?” — This is a neutral question about availability that can be asked of all candidates.

Employers should refrain from asking for specific immigration documents during the hiring process to prevent potential discrimination claims. If you have any questions regarding the job-screening process for foreign graduates, please contact our office today.