Oregon State University and the Career Development Center are here to support all students, including those without permanent legal status, in their career pursuits. Know that the Career Development Center is a place where you can feel safe, heard and supported.
- For further guidance related to immigration, see the university's webpage for Beavers navigating immigration matters.
- Read news and updates connected to the Deferred Action for Childhood Arrivals program.
The information here does not constitute legal advice and is provided for informational purposes only. Individuals are strongly recommended to seek the advice of an attorney to discuss their unique circumstances.
Disclosing your status to employers
Throughout the job search and hiring process it is important to provide information that is true and authentic, and to understand the employment process and your rights within it.
Employers are not legally allowed to ask about your status during the interview process. You may wish to use the interview process as a time to assess the organization's approach to diversity, equity and inclusion and wait until after you are hired to discuss your status. Or, if you feel comfortable doing so, you may decide to share your status with an organization early in the hiring process and start a discussion about how to move forward.
Depending on your status, there are many options to consider.
Employment options with DACA
Deferred Action for Childhood Arrivals (DACA) provides temporary relief from deportation and work authorization for individuals who came to the U.S. as children and who meet certain guidelines. To learn more about DACA eligibility, visit the Department of Homeland Security website.
This employer guide on DACA (PDF) has useful information on how to complete the required I-9 Form for Employment Eligibility. All employees must submit an acceptable document that establishes identity and employment authorization. DACA is item 4 on List A.
On job applications there is sometimes a question that says: “Are you legally authorized to work in the United States?” If you have DACA you can answer “yes” to the question and continue through the hiring process without having to disclose more detailed information about your background.
Employment options without DACA
On job applications there is sometimes a question that says: “Are you legally authorized to work in the United States?” If you do NOT have DACA or another work authorization status, there are other options you may consider for gaining experience and finding employment. See the section below for a few alternative employment ideas:
1.
Conduct employment as an “independent contractor”:
The IRS defines an independent contractor as someone who is self-employed, but the employer agency or payer has control and can direct only the result of the work, not what or how the work will be done. Generally, this will include doing the same type of work multiple times for several clients. When filing for employment, an independent contractor can use a social security number or an Independent Taxpayer Identification Number which can be obtained regardless of immigration status.
2.
Start your own business:
If you have an entrepreneurial spirit, you can start your own Limited Liability Company (LLC) as a worker cooperative of individuals who are both workers and owners of the business. There are additional fees and taxes associated with an LLC. For more information, see the Life after College: A Guide for Undocumented Students.
3.
Do volunteer or unpaid internships/get other types of experience:
You may also consider other avenues for gaining professional experience, such as if you receive an internship offer, you may ask the employer not to be paid and pursue other means of financial support. Also think about how to build up your resume with a variety of experiences that do not involve traditional employment, such as:
- Internships
- Fellowships
- Research
- Volunteering
- Community organizing
- Academic projects
- Shadowing professionals
- Project-work
- Leadership roles in student groups
- Study abroad
Know your employment rights
It is against the law for employers to discriminate against its employees on the basis of race, color, national origin, sex, religion, disability, pregnancy and age. There are certain questions employers may not legally ask you in an interview. Here are a couple of examples:
Appropriate:
- "Are you eligible to work in the U.S.?”
- “Are you able to provide proof of employment eligibility upon hire?"
Inappropriate:
Questions related to birthplace, ancestry or national origin:
- “Are you a U.S. citizen?”
- “How long has your family been in the U.S.?”
- “How did you learn to speak Chinese?”
For more information on illegal interview questions and employment discrimination, see:
- Equal Employment Opportunity Commission (Information and how to file a discrimination complaint against an employer)
According to the U.S. Equal Employment Opportunity Commission: “Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment."
What regulations exist with regard to employment eligibility verification?
- The Immigration and Nationality Act (INA) requires employers to verify the identity and employment eligibility by completing an I-9 Form, and reviewing documents showing the employee's identity and employment authorization.
- Federal law prohibits employers from rejecting valid documents or insisting on additional documents beyond what is required for the Form I-9, based on an employee's citizenship status or national origin.
- Employees are allowed to choose which documents to show for employment eligibility verification from the Form I-9 Lists of Acceptable Documents. Employers should accept any documents from the list as long as they are unexpired and appear to be reasonably genuine.
- Federal law also prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment.
Types of Employment Discrimination Covered by Law
(Source: U.S. Citizen & Immigration Services)
Type: Citizenship or Immigration status
- What is prohibited? Employers cannot discriminate against individuals when hiring, firing, or recruiting because the individuals are or are not U.S. citizens, or because of their immigration status or type of employment authorization. U.S. citizens, noncitizen nationals, asylees, refugees, and recent permanent residents are protected from this type of discrimination.
- Which employers are covered? Employers with four or more employees
Type: Unfair documentary practices
- What is prohibited? Employers cannot, based on an individual’s citizenship, immigration status, or national origin:
- Request more or different documents than are required to verify employment authorization and identity;
- Reject documents that reasonably appear to be genuine and relate to the employee; or
- Specify certain documents that the worker should present.
- Who is covered? All employers.
Type: National origin
- What is prohibited? Employers cannot discriminate against individuals when hiring, firing, or recruiting based on the individual's place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding "foreign."
- Who is covered? Generally, Immigrant and Employee Rights (IER) covers employers with 4 to 14 employees.
Type: Retaliation/Intimidation
- What is prohibited? Employers cannot intimidate, threaten, coerce, or retaliate against a person because that person:
- Files a charge with IER or participates in an IER investigation or prosecution of a discrimination complaint;
- Contests action that may constitute discrimination under the law that IER enforces; or
- Asserts their rights under the law that IER enforces.
- Who is covered? All employers
On-campus resources
- Here to StayOSU: The OSU student club serves to advocate for students without permanent legal status in the United States on both the large level government scale and the smaller university scale, as well as provide resources to help these students be successful at OSU
- Dreaming Beyond Borders Resource Center: The DBB Resource Center provides students with academic, legal and health resources, access to EOP programs and works closely with Here to Stay in addition to other student advocacy groups.
- ImmigrationBeavs: Information for members of the Oregon State community navigating immigration matters, including FAQs and links to student and employee resources.
- OSU Cultural Centers: OSU's Diversity and Cultural Engagement has multiple cultural centers which provide events and activities including national history and heritage month programs, social justice workshops, cultural holiday celebrations, cooking demonstrations, craft nights, and many other programs for the OSU community.
Off-campus resources
- College Guide for Undocumented Students: information regarding the federal Development, Relief and Education for Alien Minors (DREAM) Act, the Deferred Action for Childhood Arrivals (DACA) Program, the college application process, how to finance a college education, and much more.
- DACA and Your Workplace Rights: This FAQ is intended to answer questions such as what are the rights of workers (1) when they apply for DACA, (2) after they have received DACA and have a work permit, and (3) when they are applying to renew their DACA.
- Immigrants Rising: Immigrants Rising provides resources, knowledge and financial support for immigrant entrepreneurs, regardless of legal status, at any stage of their journey.
- Life After College: A Guide for Undocumented Students: sheds light on the possibilities that exist, including personal narratives, student testimonials, and advice from experts.
- My Undocumented Life: The mission of this blog is to provide up-to-date information and resources to students without permanent legal status. They post scholarship opportunities, strategies for navigating the educational system, news on immigration policies, and much more.
- Resources Guide: Supporting Undocumented Youth: The U.S. Department of Education has compiled this Resource Guide to assist and enhance state and local efforts to support undocumented youth at the secondary and post-secondary school levels.