Short answer: Yes, but with restrictions.
Full answer: Employers are permitted to inquire whether an applicant is legally authorized to work in the United States; however, they are prohibited from directly questioning an applicant's immigration status or citizenship during the hiring process.
Questions should be framed neutrally, such as "Are you legally authorized to work in the U.S.?" and "Will you require sponsorship now or in the future?"
If you ask either of these questions, do so for all candidates and not just for those you suspect might need visa sponsorship or who may not be eligible to work in the United States. To ensure consistency, you can add these questions to your job application or screening questions.
According to the Immigration Reform and Control Act (IRCA) and Title VII of the Civil Rights Act, asking someone directly about their immigration status may lead to discrimination claims.
General federal norm: Immigration Reform and Control Act (IRCA); Title VII of the Civil Rights Act of 1964
State: All States
Link to legislative resource: U.S. Equal Employment Opportunity Commission (EEOC)
Full answer: Employers are permitted to inquire whether an applicant is legally authorized to work in the United States; however, they are prohibited from directly questioning an applicant's immigration status or citizenship during the hiring process.
Questions should be framed neutrally, such as "Are you legally authorized to work in the U.S.?" and "Will you require sponsorship now or in the future?"
If you ask either of these questions, do so for all candidates and not just for those you suspect might need visa sponsorship or who may not be eligible to work in the United States. To ensure consistency, you can add these questions to your job application or screening questions.
According to the Immigration Reform and Control Act (IRCA) and Title VII of the Civil Rights Act, asking someone directly about their immigration status may lead to discrimination claims.
General federal norm: Immigration Reform and Control Act (IRCA); Title VII of the Civil Rights Act of 1964
State: All States
Link to legislative resource: U.S. Equal Employment Opportunity Commission (EEOC)