Best Practices for Online Job Postings
The Immigration and Nationality Act prohibits citizenship status and national origin discrimination with respect to hiring, termination, and recruiting or referring for a fee.8 U.S.C. § 1324b(a)(1)(B).
Employers may Not treat individuals differently because they are, or are not, U.S. citizens or work authorized individuals. U.S. citizens, asylees, refugees, recent permanent residents and temporary residents are protected from citizenship status discrimination.
Employers may not reject valid employment eligibility documents or require more or different documents on the basis of a person’s national origin or Citizenship Status.
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DOs for Employers and Recruiters
Do treat Equally U.S. citizens, lawful permanent residents, temporary residents, asylees, and refugees in recruitment or hiring.
Do embrace equal employment practices, including: refraining from discriminating on the basis of national origin; and/or immigration and Citizenship Status.
Do Avoid making the assumption that only U.S. citizens are authorized to work in the United States.
Do Avoid the following language in job postings:
"Only U.S. Citizens"
"Citizenship requirement"*
"Only U.S. Citizens or Green Card Holders"
"H-1Bs Only"
"Must have a U.S. Passport"
"Must have a green card"
*UNLESS U.S. citizenship is required by law, regulation, executive order, or government contract.
Do allow all employees (including non-U.S. citizens) to provide any permissible documents to establish their identity or work authorization during the employment verification process.
Do recognize that refugees and those newly granted asylum who have not yet received a Social Security number may not be fully able to complete on-line applications even though they are authorized to work in the U.S. indefinitely, and avoid creating unnecessary hurdles for such individuals.
For further information on immigration-related employment discrimination, contact OSC at 1-800-255-8155 (Employer Hotline) or at (202) 616-5594 (main line).
