Offer Letter Language and Selection Process:
Hiring Manager Guidance
Purpose
This guidance explains when and how work authorization and visa sponsorship may be addressed during the hiring process and outlines a required update to support staff offer letters to ensure compliance with federal laws.
Key Process Changes
Effective immediately, all offer letters must include the following provision:
- “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 This offer may be rescinded if MSU cannot provide sponsorship for any business-related reason, such as financial hardship, inability to timely obtain an approved petition, or the position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.”
Do not discuss immigration status or visa sponsorship during:
- Interviews
- Candidate evaluations
- Selection deliberations
Work authorization or sponsorship questions may appear only on the employment application and must be used solely for administrative planning, not candidate screening.
What You May Ask — and When
Application Stage (Allowed)
MSU applications ask all required and compliant questions.
Interview & Review Stage (Not Allowed)
Do not ask about:
- Citizenship
- Visa type or status
- Sponsorship needs
- Country of origin
These questions create legal risk and may be viewed as discriminatory.
Why Timing Matters
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.
When Immigration Can Be Discussed
Immigration status and need for sponsorship may be discussed after a finalist has accepted an offer of employment.
If a Candidate Raises the Topic During an Interview
Hiring managers should:
- Refrain from discussing immigration status or sponsorship details.
- Explain that such matters are addressed after a candidate accepts an offer of employment.
- Redirect the conversation to the candidate’s qualifications and experience.
Why This Matters
This process:
- Ensures hiring decisions are based on merit.
- Reduces discrimination risk.
- Protects the University from fines, legal action, and reputational damage that can arise from employing individuals without proper documentation.
- Supports compliance with federal law and regulations.
Additional Resources for Offer Letter Language and Selection Process
Questions
Please contact MSU Human Resources at SolutionsCenter@hr.msu.edu or 517-353-4434 with questions.
