Aug 25, 2025

Who Can Work in the US?

Did you know that federal and state laws prohibit the use of immigration or citizenship status when making employment decisions? Read through for insights into how to approach immigration-related matters in a lawful way.

Discrimination based on immigration status targets people who weren't born in the U.S. — whether they're employees or job applicants. It's illegal to retaliate against someone by calling U.S. Immigration and Customs Enforcement or taking action against them because of their immigration or citizenship status. 

If an employer violates any federal or state immigration-related law, the employee has the right to seek compensation.

Follow the rules of I-9 and E-Verify

When you hire someone, you're legally required to verify both their identity and their eligibility to work in the U.S. That means filling out and keeping a Form I-9: Employment Eligibility Verification for every employee. 

You can grab the latest version of the form and instructions on the U.S. Citizenship and Immigration Services website. It's available in both English and Spanish — but make sure to complete the English version.

Using E-Verify is also an option. You can get help with compliance through email, phone calls, desk reviews or even in-person site visits. 

Note that desk reviews are done via email and phone. They and in-person site visits offer a chance to review practices and prevent things such as misuse, privacy violations and discrimination when using E-Verify.

Use self-assessments to stay on track

E-Verify offers Self-Assessment Guides to help you evaluate how you're using the system and stay compliant. These guides can also be helpful training tools. They'll walk you through the following information:

• Spotting and fixing noncompliant practices
• Streamlining your human resources and employment processes
• Making sure E-Verify is being used the right way

You can find these guides on the E-Verify Resources page. 

Treat all workers fairly — regardless of citizenship

Just because someone isn't a U.S. citizen doesn't mean they don't have the legal right to work here. Lawful immigrants must be treated just like U.S. citizens when it comes to employment. This includes workers who:

• Hold green cards
• Have valid work visas
• Are in the process of becoming naturalized citizens

You can't use a person's immigration status as a reason to deny them opportunities or benefits. That means no discrimination can be present in regard to the following scenarios or details:

• Hiring or firing
• Promotions
• Pay raises or demotions
• Hours
• Access to health insurance
• Harassment of any kind

Also, make it clear in your workplace: Telling someone to "go back to your country" is unacceptable and won't be tolerated.

The laws that are designed to protect workers

There are specific laws in place to protect workers from citizenship or immigration status discrimination. 

Title VII of the Civil Rights Act of 1964

• Prohibits discrimination based on national origin 
• Applies to businesses with 15 or more employees
• Protects against retaliation — including if the employee is undocumented

The Immigration and Nationality Act

• Bars employers from making decisions based on national origin or citizenship status
• Prevents unfair demands for documentation when verifying someone's right to work
• Prohibits any form of retaliation or intimidation related to immigration status

Filing a discrimination claim

If someone feels they've been discriminated against, they can file a complaint in one of two ways:

• With the Equal Employment Opportunity Commission: This must be filed within 180 days of the incident or within 300 days in states with their own antidiscrimination laws. 
• With the Immigrant and Employee Rights Section of the Department of Justice: This applies to companies with four to 14 employees and claims must be filed within 180 days. 

The EEOC and IER will work together to make sure the complaint gets to the right place, even if it was filed with the wrong agency initially.

Employees also have the right to hire an immigration status discrimination attorney. Depending on the situation, resolving the case could take a few months — or a few years if both sides need time to reach a fair settlement.

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