Legal Issues

There are many laws that regulate the employment and recruiting industry, like ADA and EEOC. The laws could be a large worry for us all, not to mention the visa issues that accompany the technology industry employment. One of the issues that employers usually have deals with determining if a candidate is legally entitled to work in the United States. Since many employers do not sponsor H-1 visas, this issue is of considerable importance to some recruiters. According to an employment lawyer, the only way to pose the question legally is "Are you eligible to work in the United States?" In order to determine possible H-1 visa sponsorees, you could ask whether a candidate is able to start immediately or within two weeks. The above questions would provide you with information on the applicant’s status without discrimination. While it’s generally up to the candidate to state the truth, the I-9 form could be used for final verification.

The federal law requires that once hired, the candidates prove their eligibility by presenting several documents, including a green card, driver’s license, and/or social security card. In case an employee cannot prove eligibility within a month of the start date, the contract must be terminated by law. At this point, the employer has already spent money on the hiring and training of the new employee during a month. However, it is extremely important to abide by the law and pose non-discriminating questions to our candidates, putting our trust in them and expecting them to honestly disclose their status.