During the application process, search committees should ask the following questions to determine if individuals require visa sponsorship for employment at NKU:
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.
NOTE: It is a violation of federal and state anti-discrimination laws and NKU policies to discriminate against applicants because of their race, ethnicity, or national origin.
|Response to Q1.||Response to Q2.||What this response means for NKU Hiring Units|
Legal Compliance: When a candidate answer “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:
•What is the basis of your current work authorization?
•When does that work authorization expire?
•Have you ever been on a J-1 visa?
Petitioning for NKU Employment Visa: Contact ISSS before a formal job offer is made to ensure that the individual is eligible for continued employment and is not required to return to his/her home country before reentering the U.S. on another type of employment visa.
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 NKU Employment Visa: Based on this response, the candidate is indicating that he/she does not need NKU to sponsor a petition for an employment visa. Candidates who answer in this manner are likely U.S. citizens or permanent residents. Contact ISS if additional assistance is needed.
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:
•What is your current immigration status?
•When does that status expire?
Petitioning for NKU Employment Visa: Contact ISSS to determine the appropriate visa type for the position
|No||No||Legal Compliance: When a candidate answers “no” to both questions, he or she is not eligible for employment. The candidate likely misunderstood the questions and additional follow-up with the candidate is needed. Contact ISSS for guidance.|