Legal to ask 'How did you get your greencard?"

[jojotica 39]

Been approved and have CR1  visa in passport so now seeking job. In a recent chat with a recruiter I was asked how i got my green card? I asked why they needed that info and they claimed its because of the client. I have applied for the client directly before and all that is asked on their website is whether I have work authorisation. He then asked if its though diversity lottery.. I said no. Then he asked  if I have ever been to the USA.. I said yes, may times.

 

Does it really matter? Is this something I should be answering?

 

*note, explaining how would reveal my family situation which is not the recruiters concern imo, but maybe I am overreacting.

[patrick33 19]

That doesn't sound ok to me. I've been through the hiring process a few times and was never asked that. Don't know if they legally can or can't, but it sounds sketchy. 

[Going through 5,668]

Curious---what is the type of position you are applying for?

 

Sounds like the recruiter may not be familiar with how the CR-1 visa works/unsure whether you will be legally authorized to reside and work in the US.  

 

Fortunately you have the option to just forget them and seek employment with another company  

[bmqsg5h3 12]

Excepting government/security clearance jobs, even it is illegal to ask whether or not you are a US citizen before making an offer.

I guess asking LPR category (class of admission) is not allowed.
https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-15.html
https://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm

[Lebanese23 303]

you have the right to keep your immigration status/info classified. no need for that employer to know how or why or when. you have proof you can work that is all they need to know.

[Nashvan 133]

I'm going through a recruiter too and they never asked me that. They only need to know whether you have work authorization or not. You do not have to answer how you got it.

[jojotica 39]

Thanks everyone for the responses. I spoke to many other recruiters who did not ask that either. I feel more confident to tell any other recruiters that ask that it’s not their business.

[debbiedoo 2,339]

in the overwhelming majority of cases, the only thing they can ask is if you have legal work authorization.

 

In a few cases, most notably on certain government or military facilities, you are required to be a citizen. So if their client fell into that category (certainly plausible), then yes it is legal.

 

For example, my husband can not work out in the shipyards in norfolk (at least most of them), because he is not a citizen.

[jojotica 39]

11 hours ago, debbiedoo said:

in the overwhelming majority of cases, the only thing they can ask is if you have legal work authorization.

 

In a few cases, most notably on certain government or military facilities, you are required to be a citizen. So if their client fell into that category (certainly plausible), then yes it is legal.

 

For example, my husband can not work out in the shipyards in norfolk (at least most of them), because he is not a citizen.

That is usually covered by asking working permit status, which is asked in most online forms along with whether you will need sponsorship in the future

. The how part though was weird.