Shumaker Manufacturing

A Legal & Industry Review

OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process

Ramos_Maria_LIGenerally, employers face a difficult balancing act attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. As employers know, it can be costly to sponsor a prospective foreign hire to work in the United States legally. But employers are often uncertain what types of pre-employment inquiries are permissible to determine if a prospective employment candidate requires immigration sponsorship. Fortunately, the U.S. Department of Justice’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) recently issued a technical assistance letter with some helpful guidance.   Continue reading