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What questions can you ask a “foreign national” candidate?h
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The applications for foreign nationals must be evaluated exactly the same as for all other candidates. Interviewees should all (U.S. citizens included) be asked a question such as "If you are offered this position, will you be able to get employment authorization?" The only time that discrimination against a "foreign national" is lawful, is if there are two equally well qualified finalists: one is a U.S. citizen and the other is a foreign national. An offer can be made to the U.S. citizen without prejudice.
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