Recruiter is asking, in the email, my country of origin, marital status and # of children for immigration assistance. I was wondering is it legal to do so? As far as I can tell based on my experience with recruiters from other companies they only ask, through a short survey, about my current work authorization, my green card status, etc. They never asked marital status and # of children. I just don't feel comfortable to answer these question. TC: 220K
So damn illegal. That should never be happening. So sorry
Not for immigration assistance. It’s part of the paperwork
It depends on how it is asked. And it should be the immigration department asking those.
It's pre-screening or already have the offer ?
Already have an offer but haven't accepted it yet, having other offer in consideration. But the recruiter would like to plan ahead for immigration assistance. All they need to do is just get my H1B transferred. I don't see any necessity to answer marital status and even # of children. I think it only make sense to ask candidates marital status if they need to file H4 for their spouse. But what's the point of asking # of children?
Seems like a valid question to me. He is just asking you who all will part of immigration paperwork. H1 + H4 for dependents (includes kids who are not US citizen)
Post offer or pre offer?
See my reply above.
For the candidate to feel this way, then it was done very wrong. No candidate should ever feel this way period. You can ask their status (like if the candidate needs H1B transfer etc.) . If the company does the H1B transfer, and the candidate has accepted the offer at this point the Recruiter should get the immigration team involved for processing
Feel what way? They didn’t say anything about feelings.
So why did the candidate post the situation on Blind? SMH
No. Recruiters are not permitted to ask these questions as it opens the door to hiring discrimination, unconscious or otherwise.
That's exactly what I concerned
They can ask after you accept!
Some very red flags there...
Totally very red flags.
Recruiter's should not be asking that question before or after any candidate accepts any offer. IT IS ILLEGAL.
It’s illegal to ask marital status or number of children.
If you are in the US that is totally illegal
Marital status and children are completely illegal
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They told you why they are asking! What’s the problem here?