Can I advertise in a job posting that we will not sponsor work-related visas?

Short Answer: Yes

You can advertise that being authorized to work in the U.S. is a precondition of employment.

The Relevant Immigration Law

The U.S. Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) stated in a technical bulletin on September 27, 2010, that:

...if an employer chooses not to employ persons who require sponsorship for an employment visa, such as an H-1B visa, the employer may state in its job postings that it will not sponsor applicants for work visas.”

Company Policy Recommendation

In summary, you can advertise that being authorized to work in the U.S. is a precondition of employment. List this information in a company policy, such as in your Employee Handbook, stating that you don’t sponsor employment visas, even though you may have done so in the past.

Alternatively, if you do sponsor employment visas, include such policy in your Employee Handbook, and, if relevant, identify the specific positions for which you will sponsor employment visas.

Either way, make it part of your company policy to be covered under discrimination laws.

Helpful Links:

Technical Assistance Letter, Sept. 27, 2010 - OSC - This letter covers job postings for sponsorship

Advice on Employment and Immigration Law - Anita M. Sorensen, Special Counsel

This communication is for informational purposes only; it is not legal, tax or accounting advice; and is not an offer to sell, buy or procure insurance.

This post may contain hyperlinks to websites operated by parties other than TriNet. Such hyperlinks are provided for reference only. TriNet does not control such web sites and is not responsible for their content. Inclusion of such hyperlinks on TriNet.com does not necessarily imply any endorsement of the material on such websites or association with their operators.