In today’s globally competitive market, manufacturers are frequently on the hunt for exceptional talent to drive success and innovation. Often, this quest leads to individuals born outside the United States, necessitating employment sponsorship. In this week’s blog post, we explore how manufacturers can determine sponsorship needs while avoiding potential discrimination claims.
Introduction
Recruiting top-notch international talent is a strategic necessity for the sustained success of many manufacturers. However, navigating through immigration laws and avoiding discrimination claims can be challenging. The key is understanding the right questions to ask during the interview process.
Asking Permissible Questions
To establish whether a candidate requires sponsorship, manufacturers need to ask the right questions. The Immigration Reform and Control Act of 1986 (IRCA) offers protection to foreign nationals from discrimination based on citizenship and national origin. This legislation doesn’t mandate employers to sponsor a foreign national, leaving it as a company’s choice. Therefore, identifying whether a candidate requires sponsorship before the offer stage becomes crucial.
Determining Sponsorship Needs Early On
While many manufacturers are open to sponsoring foreign nationals, it is essential to ascertain, as early as possible, whether sponsorship will be required for a specific candidate. Determining sponsorship needs helps in streamlining the hiring process and setting clear expectations for both parties.
Two Critical Questions
To minimize the risk of potential discrimination claims, employers should incorporate the following two questions into every interview:
– Do you currently hold authorization to be employed full-time within the United States?
– Is there a possibility you will seek sponsorship for employment authorization now or in the future?
These questions are designed to help employers understand a candidate’s work authorization status without violating discrimination laws. Asking questions such as “What is your visa status?” or “Are you a U.S. citizen?” could be perceived as discriminatory and should be avoided.
Conclusion
Sourcing international talent is an integral component of the manufacturing industry’s growth. By asking the right questions and adhering to the guidelines set by immigration laws, manufacturers can successfully recruit the best talent from around the world while mitigating the risk of discrimination claims.
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don’t hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.