The federal Immigration and Nationality Act (INA) generally prohibits employers from discriminating against work-authorized individuals based on their citizenship status. That said, the INA also contains an exception under which the government can require an employer to discriminate on the basis of citizenship status under certain circumstances by restricting employment to U.S. citizens or “U.S. Persons.”
We thought it might be of interest to take a closer look at the topic. This guide summarizes the INA’s nondiscrimination requirements and the exception restricting the employment of non-citizens, and attempts to answer some of the questions that employers regularly ask.
Please note that this guide is designed to be informational only, and is not intended as legal advice. Questions concerning specific compliance issues should be directed to legal counsel.
Members of the Center for Workplace Compliance (CWC) can read more here.