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Comment by moomoo11 | Hacker News Reader

Is it allowed to put “must be US citizen”.

Honestly as an American I would much prefer to hire Americans from Midwest or Texas, than someone outside my country.

Requiring that an applicant is legally authorized to work in the US is allowed. Requiring that they be a US citizen is not.

https://www.eeoc.gov/pre-employment-inquiries-and-citizenshi...

As a non US citizen this has always confused me. Does this mean that to get the job I need to be authorised to work in the US? Or that I will need to be authorised once I get the job?

Can I apply in hopes of moving to the US? Or in which situation would a non citizen be authorised to work?

https://www.foley.com/en/insights/publications/2012/08/emplo...

> An employer has no legal obligation to commence an immigration case. ... The employer may lawfully reject the job applicant because, if hired, that individual will ask the employer to take steps before the federal government to obtain authorization to employ him (an employment-based immigration case).

In other words, if you are not currently legally authorized to work in the US, the employer has no obligation to sponsor you for work authorization, and can simply reject you.

> This situation differs from one in which a job applicant has temporary work authorization that is independent of the employer and the applicant does not ask the employer to take on the legal obligation of an immigration case in order to employ him. The employer should not reject the job applicant simply because he has temporary work authorization.

On the other hand, a non-citizen with a green card, EAD, etc. is protected, and refusing to hire because of those documents is illegal.

What if you’re able to work through your US consulting LLC

That would be contract work. A company employing another company who is issued a 1099 tax form.

The company could hire you the same as they could contract an outsourcing firm, but it’s not the same as direct employment.

It is not allowed. But you can say "Must be able to attain a US security clearance"

You just blew my mind.

Y'all always forget Canada exists :) I worked with a US company in Houston for 11 years, and we had other people located outside the US on the dev teams as well. Cultural match is more important than strict geo imho.

Bit of a tangent but Canadians should be ticking "Yes" for "are you authorized to work in the US?" because acquiring TN status does not require sponsorship from the employer; the TN is explicitly non-immigrant intent. If a company prefers to hire an American over a Canadian, that's discrimination on the basis of citizenship, which is illegal.

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