Information for Employers about Citizenship Status Discrimination

Information for Employers About Citizenship Status Discrimination
Employer Fact Sheet
Information for Employers About
Citizenship Status Discrimination
Under federal law, employers generally cannot make hiring, firing, or
recruitment or referral decisions based on a worker’s citizenship status.
This fact sheet provides information on how to avoid citizenship status discrimination
under the Immigration and Nationality Act (INA) and does not address other types of
prohibited employment discrimination.
1. What is employment discrimination based on citizenship status?
Citizenship status discrimination generally occurs when an employer refuses to recruit, refer, or
hire someone, or fires someone, because of the person’s citizenship or immigration status. One
example of citizenship status discrimination is when employers limit jobs to U.S. citizens without
legal justification. Another example is when an employer refuses to hire people granted asylum
or refugee status based on their immigration status.
Other federal or state laws may also prohibit discrimination based on citizenship or immigration
status.
2. Who is protected from citizenship status discrimination in hiring, firing,
and recruitment or referral for a fee?
The INA protects U.S. citizens, U.S. nationals, recent lawful permanent residents, and workers
granted asylum or refugee status from citizenship status discrimination in hiring, firing and
recruitment or referral for a fee.
3. May I ask applicants for citizenship or immigration status information?
Generally, an employer may ask job applicants if they
have the legal right to work in the United States and if they
will need sponsorship for an employment visa. In addition,
asking 	for 	specific 	citizenship 	status 	information 	for
purposes unrelated to any recruitment, hiring, or firing
decision is unlikely to violate the law IER enforces.
However, it is a best practice to avoid asking job applicants for their citizenship or immigration
status because it may lead to discrimination or cause unsuccessful applicants who are subjected
Immigrant and Employee Rights Section
justice.gov/ier
If you believe a certain position
requires you to hire someone
with a specific citizenship or
immigration status, carefully
review the legal support for the
requirement.

Information for Employers About Citizenship Status Discrimination
to these types of questions to believe that the employer based its decision on the applicant’s
citizenship status (which includes immigration status).
An exception to this best practice is if an employer needs information about an applicant’s
citizenship status because a law, regulation, government contract, or executive order requires the
employer to limit a position to a particular citizenship status. This is rare and does not apply to the
vast majority of jobs.
4. What kind of language in job postings could result in citizenship status
discrimination claims?
An employer risks violating the law by using language that limits jobs based on citizenship status,
such as:
• 	“Only U.S. Citizens”
• 	“Only U.S. Citizens or Green Card Holders”
• 	“Must present U.S. birth certificate”
• 	“H-1Bs or OPT Candidates Preferred”
An employer that has a legal requirement to restrict jobs to certain citizenship statuses should ensure
that job postings are consistent with the requirement and do not exclude citizenship statuses
incorrectly.
5. If my company engages in activity regulated by the International Traffic in
Arms Regulations (ITAR) or the Export Administration Regulations (EAR),
does the ITAR or the EAR require me to hire only U.S. citizens?
No. The ITAR and the EAR don’t contain employment or hiring requirements, so they don’t require
employers or recruiters, including staffing agencies, to limit jobs or recruitment to U.S. citizens or
workers with other citizenship or immigration statuses. For more information, see IER’s How to
Avoid Immigration-Related Discrimination when Complying with U.S. Export Control Laws.
Updated April 2024
Contact
• 	Call the Employer Hotline at
• 	For people with hearing disabilities 1-800-237-2515
• 	Calls can be anonymous.
• 	Free language services are available.
• 	To learn more, visit
1-800-255-8155
justice.gov/ier
Civil Rights Division, Immigrant and Employee Rights Section (IER)