Are employers allowed to require job applicants to provide proof of citizenship?

In Virginia, employers are allowed to require job applicants to provide proof of citizenship. This requirement is permissible because it is legal to discriminate in employment decisions based on immigration status in most cases. Employers are obligated to comply with applicable federal and state immigration laws. The Immigration and Nationality Act prohibits employers from discriminating against job applicants and employees on the basis of their national origin or citizenship. However, it permits employers to verify a job applicant’s identity and work authorization status. Furthermore, employers can require job applicants to provide proof of their lawful presence in the United States. Virginia employers should not base their hiring decisions solely on a job applicant’s immigration status. Instead, they should consider each job candidate’s qualifications and whether they are a good fit for the position. Employers must adhere to the principle of equal employment opportunity and not engage in any type of discriminatory hiring practices. It is important for employers in Virginia to familiarize themselves with employment discrimination laws in order to ensure that their hiring practices are fair. Employers should also review the laws pertaining to lawful presence in the United States to ensure that they are complying with all applicable state and federal laws. It is also important for Virginia employers to speak with qualified legal counsel if they have any questions or concerns about the legal requirements relating to hiring.

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