Visa Status Guidance

This guide supports HR professionals, search committees, and hiring managers in conducting interviews that are legally compliant, respectful, and transparent regarding work authorization and visa sponsorship. It emphasizes a candidate-focused approach while clearly communicating the unit’s position on funding the H-1B payment related to sponsorship.

Focus on Candidate’s Qualifications

Employment decisions should be based on the qualifications and merits of the candidate.

Ask About Sponsorship Needs, Not Visa Types

Most candidates may not know the specific visa type they qualify for and questions about specific visas may overlap with national origin status. Instead of asking directly about H-1B or OPT status, ask broader questions about sponsorship needs.

What You Should Not Ask

To ensure compliance with employment laws and maintain a respectful interview process, avoid asking questions that are unrelated to job qualifications or work authorization. Specifically, do not ask about national origin or ethnicity, marital plans or status, or any other protected characteristic.

If a candidate voluntarily shares personal information (such as marital plans), do not follow up with additional questions or comments including but not limited to:

• Any personal details that do not directly relate to the candidate’s ability to perform the job
• Religion, age, or other protected characteristics
• National origin or ethnicity (e.g., Where were you born? What is your nationality?)
• Marital plans (e.g., When are you planning to start a family?)
• Marital status (e.g., Are you married? Do you plan to get married?) 

Permissible Questions to Ask During Screening

General Work Authorization

• Are you currently authorized to work in the United States for any employer?
• Will you require sponsorship now or in the future to maintain your work authorization? If so, when will you need such sponsorship?

The candidates will have answered similar questions in the Jobs at Iowa portal. Cross-check the candidate’s responses in the interview with the information they provided in the portal to confirm nothing has changed. 

These questions should be asked of all candidates.