工作面谈中应注意事项

By: Beth Robertie, Esq. 在对外籍人士的工作面谈Interview当中，雇主须清楚了解雇员的移民身份以及在提问中注意其所问的问题。而对于外籍应征人士也应该了解什么问题是法律上需要回答雇主的，什么是不需要的。在这里，我们就此问题作出一些解释，以供大家参考： When an employer is seeking to fill a position and a qualified foreign national applies for the position, what kind of questions is the employer permitted by law to ask the foreign national regarding their immigration status? What questions are foreign nationals obligated to answer? For employers and employees alike, the hiring process can be a complicated set of maneuvers, but in our experience the best way to handle every situation is for both sides of the table to be up-front and honest about your needs and requirements. However, employers in particular must be aware of the rules regarding discrimination and the hiring of a foreign national. As employers are aware, interview and application questions are often the basis for discriminatory hiring suits, a situation that every employer wants to avoid. As a general rule, any questions that are job-related or consistent with business necessity are acceptable. But what does that really mean? By law U.S. citizens, legal permanent residents, temporary residents, conditional green card holders, refugees and asylees must all be treated equally and free from discrimination, so employers need to be very aware of the questions that they may and may not ask regarding a job applicant’s immigration status. According to employment law experts, the following questions are acceptable to ask during an interview: * “Are you any of the following, and do not tell me which: a U.S. citizen, a legal permanent resident, a temporary resident, a conditional green card holder, a refugee or an asylee?” * “Are you authorized to work full time?” * “Are you authorized to work for any employer in the United States?” * “Will you require sponsorship to work in the United States? The following questions are not acceptable to ask during an interview, and can be problematic for employers: * “Are you a U.S. citizen or legal permanent resident?” * “Are you authorized to work permanently in the United States?” * “Are you authorized to work without restriction?” As noted earlier, as in any job interview, the best way to avoid misunderstandings and possible legal implications is for employers and employees alike to be honest about their needs and requirements while remaining vigilant about possible discriminatory questions. The more you know about the rules regarding discrimination and the hiring of foreign nationals, the easier it becomes. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]