Can you ask if someone is a U.S. citizen in a job interview?
Asking “are you a U.S. citizen?” is risky, because immigration law generally prohibits discriminating on citizenship status. The safer, lawful question is whether someone is authorized to work, asked of every candidate.
Federal immigration law (IRCA) generally prohibits discriminating against work-authorized people based on citizenship or immigration status, except where a law, regulation or government contract requires citizenship. A blanket “are you a citizen?” question can imply you screen on status.
Work authorization is verified for everyone after hire through the I-9 process. Before that, you can ask whether a candidate is authorized to work, and whether they will now or in the future need sponsorship. Ask the same questions of all applicants.
Risky phrasing
“Are you a U.S. citizen?”
Compliant rewrite
Are you legally authorized to work in the United States, and will you now or in the future require work-authorization sponsorship?
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