interviewing foreign nationals

Interview Questions:

isu campus, fountain. Employers typically want to know if a foreign national applicant is eligible to work in the United States. Many individuals have permanent resident status (a "green card") that allows them to work in the U.S. without restriction. Others have Employment Authorization Documents (EADs), but only for specific time periods (most can be renewed relatively easily, however). Still others do not have work authorization and would be dependent upon the employer petitioning for the appropriate employment-based immigration status.

The process of obtaining work authorization varies in terms of time and complexity, depending upon the type of immigration status for which the individual is qualified. The office of Human Resources will be available to assist departments with this process, in keeping with our mission and aspiration statements. However, concern about national origin discrimination in the workplace requires careful attention to the phrasing of work eligibility-related questions.

During the pre-offer interview process, it is permissible to inquire about work eligibility as follows:

"Employment at Indiana State University is subject to verification of an applicant's identity and eligibility for employment as required by immigration laws. If hired, will you be able to provide evidence that you are legally permitted to work in the United States?"

Only after a job offer has been extended may the employer ask the following question of the individual:

"What is your work authorization or visa status?"

If an applicant responds affirmatively to question #1 and the decision is made to extend an offer of employment, it is imperative that the offer be made contingent upon the individual having the appropriate work authorization, and being able to maintain that authorization for the entire employment period. For example:

"We would like to offer you a temporary position as a <title> in the <department> at Indiana State University, based on satisfactory performance and mutual agreement. Your employment is to begin <date> and end <date>. Compensation will be at the rate of <salary>, plus benefits. This offer is contingent upon you having the appropriate work authorization for the entire employment period listed above."

If an applicant responds negatively to question #1, but expresses interest in obtaining appropriate work authorization, it is acceptable to respond as follows:

The Office of Human Resources will be available to assist departments in determining which, if any, employment-based immigration status is appropriate for prospective employees. Depending upon individual circumstances, however, not everyone is eligible for work authorization in the United States. Any offer of employment will be contingent upon your ability to obtain appropriate work authorization within an acceptable period of time.

In such circumstances, if the decision is made to extend an offer of employment, the offer should be made contingent upon obtaining the appropriate work authorization and being able to maintain that authorization for the entire employment period. For example:

"We would like to offer you a temporary position as a <title> in the <department> at Indiana State University, based on satisfactory performance and mutual agreement. Your employment is to begin <date> and end <date>. Compensation will be at the rate of <salary>, plus benefits. This offer is contingent upon you obtaining appropriate work authorization for the entire employment period listed above."

If a department wishes to extend an offer of employment to an individual who is not currently authorized to work in the United States and/or at Indiana State University, it is imperative that the department consult Human Resources as early in the hiring process as possible, in order to avoid any serious delays in obtaining work authorization. Please keep in mind, however, that regardless of an individual's qualifications, not everyone is eligible for employment in the U.S., as determined by his or her individual immigration-related circumstances.

If an individual responds affirmatively to question #1, but is in fact unable to verify their response to question #2 after an offer of employment has been extended, then-if the offer was made contingent on having the appropriate work authorization-the department may withdraw that offer.

The university has immigration attorneys that assist Human Resources and the new employee that may have immigration concerns. If at any time during your search you have questions or need further information, please contact Tami Weinzapfel-Smith at 812-237-4115 or by e-mail at Tami.Weinzapfel-Smith@indstate.edu