This offer is also contingent on your securing valid immigration status and work authorization before your expected start date. This offer may be rescinded if MSU cannot provide sponsorship for any business-related reason, such as financial hardship, inability to timely obtain an approved petition, or the position lacks the required skills to qualify for sponsorship. Additionally, your continued employment is contingent upon maintaining your valid immigration status and work authorization throughout your employment. For the limited purpose of compliance with federal export control regulations, you may be required to provide information about your citizenship status should you be engaged in scholarly endeavors. If subject to federal export control regulations, you may also be required to maintain full-time employment status at MSU, confirm that your permanent abode throughout the period of employment is in the U.S., and sign a confidentiality agreement concerning transfer of certain technical data.   

The Immigration Reform and Control Act of 1986 (IRCA) requires that employers only hire people who are authorized to work in the U.S. Employers must verify an employee’s identity and authorization to work in conjunction with the hiring process.  It is therefore lawful for an employer to inquire about an applicant’s authorization prior to an accepted offer of employment. 

When inquiring into whether an applicant is authorized to work as required by IRCA, employers must not violate other federal laws such as Title VII of the Civil Rights Act, which prohibits discrimination based on national origin, religion, or other protected classes.  IRCA protects against discrimination based on citizenship status.  Asking additional questions of an applicant, beyond authorization to work in the U.S., before an offer is made may lead to claims of discrimination.   

1. The information is collected for legitimate business reasons, including, but not limited to:
   1. Workforce and budget planning
   2. Anticipating potential sponsorship needs
   3. Timing and compliance considerations
   4. Post-offer immigration and export control processing
2. It must not be used to rank, exclude, or disqualify candidates based on their protected identity.

Asking about immigration status (citizenship, permanent residency, etc.) early in the hiring process can violate anti-discrimination laws by implying bias against protected groups, even if unintentional. The employer’s initial focus should be on a candidate’s qualifications and ability to do the job.  Asking about visa needs before assessing skills can seem like the status, not the ability, is the deciding factor.  

Visa sponsorship may be discussed after a finalist has accepted an offer of employment.

The revised language in the offer letter template makes the employment offer contingent on work authorization. This provision is critical for the following reasons:

1. It ensures legal compliance with federal laws, like the Immigration Reform and Control Act, by verifying an individual’s legal right to work in the U.S., preventing hiring of unauthorized workers.
2. It protects the University from fines, legal action, and reputational damage that can arise from employing individuals without proper documentation.
3. It allows the University to secure top talent early by making a conditional commitment before final checks, ensuring the candidate meets all legal hiring requirements.
4. It gives the University a clear, non-discriminatory reason (failure to meet a condition) to rescind the offer if the candidate cannot prove work authorization.
5. It also enables the hiring process to move forward while critical verification is still underway.

Hiring managers should:

1. Refrain from discussing immigration status or sponsorship details.
2. Explain that such matters are addressed after a candidate accepts an offer of employment.
3. Redirect the conversation to the candidate’s qualifications and experience.

Yes, all offers of employment should contain the following language:

1. This offer is also contingent on your securing valid immigration status and work authorization before your expected start date. This offer may be rescinded if MSU cannot provide sponsorship for any business-related reason, such as financial hardship, inability to timely obtain an approved petition, or the position lacks the required skills to qualify for sponsorship. Additionally, your continued employment is contingent upon maintaining your valid immigration status and work authorization throughout your employment. For the limited purpose of compliance with federal export control regulations, you may be required to provide information about your citizenship status should you be engaged in scholarly endeavors. If subject to federal export control regulations, you may also be required to maintain full-time employment status at MSU, confirm that your permanent abode throughout the period of employment is in the U.S., and sign a confidentiality agreement concerning transfer of certain technical data.   

Yes, all offers of employment should contain the following language:

1. This offer is also contingent on your securing valid immigration status and work authorization before your expected start date. This offer may be rescinded if MSU cannot provide sponsorship for any business-related reason, such as financial hardship, inability to timely obtain an approved petition, or the position lacks the required skills to qualify for sponsorship. Additionally, your continued employment is contingent upon maintaining your valid immigration status and work authorization throughout your employment. For the limited purpose of compliance with federal export control regulations, you may be required to provide information about your citizenship status depending on the nature of your scholarly endeavors. If subject to federal export control regulations, you may also be required to maintain full-time employment status at MSU, confirm that your permanent abode throughout the period of employment is in the U.S., and sign a confidentiality agreement concerning transfer of certain technical data.   

Yes, all offers of employment should contain the following language

1. This offer is also contingent on your securing valid immigration status and work authorization before your expected start date. This offer may be rescinded if MSU cannot provide sponsorship for any business-related reason, such as financial hardship, inability to timely obtain an approved petition, or the position lacks the required skills to qualify for sponsorship. Additionally, your continued employment is contingent upon maintaining your valid immigration status and work authorization throughout your employment. For the limited purpose of compliance with federal export control regulations, you may be required to provide information about your citizenship status should you be engaged in scholarly endeavors. If subject to federal export control regulations, you may also be required to maintain full-time employment status at MSU, confirm that your permanent abode throughout the period of employment is in the U.S., and sign a confidentiality agreement concerning transfer of certain technical data.