Work Eligibility Questions
During the application process, hiring units are required to ask the following questions of all candidates (not just foreign nationals) to determine in advance if the individuals will required visa sponsorship for employment at Missouri State University.
- Are you legally authorized to work in the U.S. ?
- Will you now or in the future require sponsorship for employment-visa status?
All individuals who apply online are prompted to answer these questions during the application process.
Note: It is a violation of federal and state anti-discrimination laws and University policies to discriminate against applicants because of their race, ethnicity, or national origin.
How to Interpret Responses to Required Immigration Status Questions
The following table provides additional information to help you understand what the response to the following questions may mean for a hiring unit and when it may or may not be appropriate to ask follow-up questions about immigration status according to the U.S. Department of Justice Unfair Immigration-Related Employment Practice provisions in the law.
Response to Eligibility for Employment Question (1) |
Response to Need for Sponsorship Question (2) |
What This Response Means to Hiring Units |
|---|---|---|
| Yes | Yes |
Legal Compliance: When the candidate answers "yes" to both questions, the hiring unit is allowed to ask further questions about immigration status without risking liability or a discrimination charge. Additional questions may include: 1. What is the basis of your current work visa? 2. When does that work authorization expire? 3. Have you ever been on a J-1 visa? |
| Petitioning for an Employment Visa: Contact the Office for Institutional Equity and Compliance before a formal job offer is made to ensure that the individual is eligible for continued employment and is not required to return to their home country before reentering the U.S. on another type of employment visa. | ||
| Yes | No | Legal Compliance: When a candidate answers "yes" to the first question and "no" to the second question, the hiring unit is not allowed to ask further questions about immigration status. Asking further questions risks a discrimination charge. |
| Petitioning for an Employment Visa: Based on this response, the candidate is indicating that they do not need MSU to sponsor a petition for an employment visa. Candidates who answer in this manner are likely U.S. citizens or permanent residents. Contact the Office for Institutional Equity and Compliance if additional assistance is needed. | ||
| No | Yes |
Legal Compliance: When a candidate answers "no" to the first question and "yes" to the second question, the hiring unit is allowed to ask further questions about immigration status without risking liability or a discrimination charge. Additional questions may include: 1. What is your current immigration status? 2. When does that status expire? |
| Petitioning for an Employment Visa: Contact the office for Institutional Equity and Compliance to determine the appropriate visa for the position. | ||
| No | No | Legal Compliance: When a candidate answers "no" to both questions, they are not eligible for employment. The candidate likely misunderstood the question and additional follow-up with the candidate is needed. Contact the Office for Institutional Equity and Compliance for guidance. |