工作麵談中應注意事項

By: Beth Robertie, Esq. 在對外籍人士的工作麵談Interview當中，雇主須清楚了解雇員的移民身份以及在提問中注意其所問的問題。而對於外籍應征人士也應該了解什麽問題是法律上需要回答雇主的，什麽是不需要的。在這裏，我們就此問題作出一些解釋，以供大家參考： 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. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 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]