Understanding Work Authorization Questions & Responses

When a candidate answers “yes” to both questions, the application must be considered during the initial review/screening process, even if the position is not eligible for WSU visa sponsorship. Further discussion with the candidate is needed to confirm employment eligibility.

If selected for interview, the Search Committee Chair or Search Support must confirm with the applicant that their work authorization and visa sponsorship responses in their application are accurate.

For positions not eligible for visa sponsorship, the Search Committee Chair or Search Support will need to inform the candidate WSU will not be able to provide visa sponsorship. The Search Committee Chair or Search Support can ask the candidate if they wish to continue with the recruitment process with the understanding the candidate will be responsible for obtaining work authorization prior to employment.

For positions eligible for visa sponsorship, the Search Committee Chair or Search Support is allowed to ask further questions about immigration status, without risking liability or a discrimination charge, to confirm visa sponsorship eligibility. The Search Committee Chair or Search Support can ask the candidate the following questions: 

1. What is the basis of your current work authorization?
2. When does that work authorization expire?
3. Have you ever been on a J-1 visa?

For positions eligible for visa sponsorship, the Search Committee Chair or Search Support contacts WSU International Programs after speaking with the candidate to ensure that the individual is eligible for continued employment in the United States.

When a candidate answers “yes” to the first question and “no” to the second question, the application should be reviewed through normal screening processes.

The Search Committee Chair, Search Committee Members, or Search Support are not allowed to ask further questions about immigration status. Asking further questions risks a discrimination charge.

When a candidate answers “no” to the first question and “yes” to the second question and the position is not eligible for WSU visa sponsorship, the application does not need to be considered for evaluation/screening.

If the position is eligible for WSU visa sponsorship, the hiring unit is allowed to ask further questions about immigration status after the initial interview with the search committee. During the conversation, the Search Committee Chair or Search Support may ask the following questions: 

1. What is your current immigration status?
2. When does that status expire?
3. Have you ever been on a J-1 visa?

For positions eligible for visa sponsorship, contact WSU International Programs to determine the appropriate visa type for the position. 

When a candidate answers “no” to both questions, the candidate likely misunderstood the questions and additional follow-up with the candidate is needed. Contact the HRS for guidance.