Filling out applications may often be confusing. Because of this, it is first helpful to know what employers can and cannot ask and our interpretation of the answer to certain common application questions depending upon status. Read more about Understanding your employment rights as a DACA, TPS, or undocumented applicant in this guide.
An employer CAN LEGALLY ask:
|Question||Answer – Students with DACA||Answer – Undocumented Students|
|Are you legally authorized to work in the United States?||Yes – because you have an Employment Authorization Document (EAD) or work permit||No|
|Will you now or in the future require sponsorship to work in the United States?||No – because you have an Employment Authorization Document (EAD) or work permit that can be renewed||No – because unlike international students, undocumented students are typically ineligible for sponsorship|
An employer MAY NOT ask:
- What is your visa type or visa status?
- What is your nationality?
- What is your place of birth or of which country are you a citizen?
- What is your native language? What language do you speak most often?
1-9 Form – For students with DACA you can find helpful information on how to fill out the 1-9 form here.