PCS Weekly - HR Topics

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Answered by the HR Experts

Question of the Week

for Policy and Compliance

Question of the Week: Are we permitted to ask applicants about their immigration status?

October 2, 2026

No, you shouldn’t ask applicants about their immigration status—for example, whether they are a citizen, naturalized citizen, lawful permanent resident, or refugee. Asking about applicants’ immigration status (or any protected class) could lead to discrimination claims in the following ways:

📌 You ask and then intentionally use the information in your hiring decision (illegal)

📌 You ask and then unintentionally use the information in your hiring decision, likely because of unconscious bias (also illegal)

📌 You ask and do not use the information, but the applicant believes the information was a factor in your hiring decision (not illegal, but could still lead to legal drama and expense)

This Q&A does not constitute legal advice and does not address state or local law.


Legal Disclaimer: The HR Support Center is not engaged in the practice of law. The content in this page should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. The HR Support Center cannot be held legally accountable for actions related to its receipt.

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