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I-9 Form
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Is it illegal to request an applicant complete an I-9 form and provide proof of US citizenship as part of the application process prior to extending a job offer? All positions within my company requir
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Forums » Topic Forums » Legal Forum » I-9 Form
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I-9 Form
posted at 4/21/2010 11:24 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Is there a BFOQ that requires all employees to be citizens? I'd be curious as to what that is. There are only very few "limited exceptions"
I suggest however that you read through Part 4 the I-9 manual at: http://www.uscis.gov/files/nativedocuments/m-274.pdf Just an exerpt: "Citizenship or immigration status discrimination occurs when an employer treats employees differently based on their citizenship or immigration status in regard to hiring, firing, or recruitment or referral for a fee. U.S. citizens, recent permanent residents, temporary residents under the IRCA legalization program, asylees, and refugees are protected. An employer must treat all of these groups the same. Subject to limited exceptions, the INAâs provision against citizenship or immigration status discrimination covers employers with 4 or more employees." |
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I-9 Form
posted at 4/22/2010 4:13 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
What's funny is that I was checking out job ads for a position and directly listed in the posting (by a recruiter) was the requirement that the person be a US Citizen. So I think that it is happening a lot, but companies don't realize it is an issue that is better not used as a criteria for hiring/recruiting. |
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I-9 Form
posted at 4/22/2010 5:46 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
I once had as a client a very well know European auto manufacturer. They were requiring that our employees, in order to access their facility, be certified as genuine US citizens. I asked for legal interpretation from them and it was never provided. They told me it wasn't available. The EEOC, INS at the time, and DoD all agreed with me that no legal requirement existed. We simply sent our employees to them, they provided an escort and everyone was happy. I have also had this standard placed upon us by other companies, one of which I was on the Board of Directors for. That was an easy one to resolve.
This is a highly unusual requirement and to read that it is all inclusive for all workers in an organization makes me highly skeptical. There are even lawfully admitted aliens who are not US citizens working for NSA and CIA. |
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