Your Visa & Work Authorization
Employers may review your international education and work experience and wrongly assume that you are not permitted to work in the US, which is discrimination based on either race, national origin or citizenship. To avoid any uncertainty, clearly state on your resume if you have valid US work authorization. An employer is not permitted to ask what type of work authorization you have during the recruitment and hiring process. If you accept a job offer, you are required to evidence your work authorization by filling out a USCIS Form I-9 within three days of your employment and revalidate if your current visa is renewed. Some employers use E-Verify, a web-based system, to establish an employee’s work authorization.
“Employers cannot reject valid documents or ask for additional documents beyond what is required for verification of work authorization. Importantly, an employee has the right to choose which of the acceptable documents listed in the Form I-9 to present for employment eligibility verification. An employer must accept any such document if it appears genuine and belongs to the individual employee,” said Walter S. Gindin, Director and In-house Immigration Counsel at CanAm Enterprises.
Immigrating to the US and finding a job can be an exciting and intimidating experience. Knowing your employment rights is the first step to feel empowered during your job search. How much information to disclose, and at what time, is critical to your success as a job applicant. Employment laws are amended annually, and you should be aware how any such changes may impact your job search approach.