Visa sponsorship language in job postings: what you can write, and the ads IER has fined

A job posting may say that applicants must be authorized to work in the United States and that the employer cannot sponsor an employment visa for the role. The Justice Department's Immigrant and Employee Rights Section (IER) has signed settlement terms that expressly allow an ad saying the employer is only considering candidates who can work in the U.S. without employer sponsorship. What a posting may not do, unless a law, regulation, executive order or government contract requires it, is limit the job by citizenship or a specific immigration status: "U.S. citizens only," "green card holders only," "H-1B only" or "OPT preferred." As of November 2026, IER's settlements page lists at least 11 settlements since June 2025 over job ads like these.

This page covers the posting itself. For the matching interview and application questions, see work authorization questions in interviews; for other risky phrases (age, sex, "native English speaker"), see discriminatory job ad language; for the narrow cases where a job can require citizenship, see can a job require U.S. citizenship?; and for the law behind all of it, see citizenship status discrimination in hiring.

What can a job posting say about visa sponsorship?

Why is "no sponsorship" allowed when "citizens only" is not?

The citizenship status rule protects a defined group. Section 1324b(a)(3) names U.S. citizens and nationals, lawful permanent residents (with limits for those who wait too long to apply for naturalization), refugees, asylees and certain temporary residents. IER's FAQ sums it up as recent lawful permanent residents, U.S. citizens, U.S. nationals, and people granted asylum or refugee status, and says the rule covers employers with four or more workers.

Workers who need an employer to sponsor them, such as students on OPT (see hiring F-1 OPT students) or H-1B workers changing jobs, are not in that group, so an honest statement that the employer will not sponsor does not exclude anyone the citizenship rule protects. A "citizens only" or "green card only" ad does exclude protected people, and an "H-1B only" ad excludes all of them. National origin is different: IER says all work-authorized people are protected from national origin discrimination by employers with 4 to 14 workers, and Title VII covers larger employers, so apply a no-sponsorship policy to every candidate the same way.

One wording trap: do not replace the sponsorship line with "must have permanent work authorization." IER's September 2022 technical assistance letter warned that asking whether applicants are authorized to work permanently could confuse or deter people with indefinite work authorization, such as asylees and refugees.

Which job ads has IER penalized in 2025 and 2026?

From IER's settlements page:

The $4,730 figure is the top of the first-offense range in 28 CFR 85.5, $590 to $4,730 per person discriminated against for penalties assessed after July 3, 2025; later offenses carry higher ranges. Two lessons stand out. The Nitya case shows a company answering for ads its outside recruiter wrote, and the Elegant case shows that "the AI wrote it" is no defense.

How should a staffing agency handle a client who says "no visas" or "citizens only"?

Treat the two requests differently. "We will not sponsor" can go into the posting in the wording above, applied to every candidate. "Citizens only" needs a legal basis: ask the client for the specific law, regulation, executive order or contract clause, put it in the job order, and describe it accurately in the ad. If there is none, say you cannot run the restriction. IER's best practices tell anyone who publishes ads for third parties to warn them that citizenship-restricted postings are prohibited unless legally required, and to remove such ads or seek legal advice.

Recruiting or referring for a fee is one of the activities the statute covers, so the agency is exposed on its own. IER's fiscal 2026 letters of resolution include a staffing company that, in a letter dated December 18, 2025, agreed to remove citizenship restrictions from its job ads unless legally required and to train its recruiters. For how liability is shared with clients more generally, see joint employer liability for staffing agencies.

Where does sponsorship wording belong: posting, application or interview?

• Posting: one line on authorization and one on sponsorship, nothing about status, visa type or documents.
• Application form: the same two yes-or-no questions IER identifies as appropriate: authorized to work in the U.S.? Will you now or in the future need sponsorship for an employment visa status, such as H-1B? Check your applicant tracking system's default screening questions, which are often older than your policy.
• Interview: do not repeat or expand the questions; no visa type, country or documents. See illegal interview questions.
• After the offer: Form I-9, where the employee chooses which acceptable documents to show. See Form I-9 timing in hiring.

Copy-ready posting language

Option 1 - the employer does not sponsor:
Applicants must be authorized to work in the United States. We are
unable to sponsor or take over sponsorship of an employment visa for
this position, now or in the future.

Option 2 - the employer sponsors:
Employment visa sponsorship is available for this position for
qualified candidates who need it.

Option 3 - a restriction a law or contract requires (fill in the basis):
This position requires U.S. citizenship because [name the contract
clause, statute or regulation, for example eligibility for access to
classified information]. 

Option 3 is only for roles where the requirement is real; see can a job require U.S. citizenship? for the security clearance and export control rules, which are often misdescribed. Export control rules in particular do not justify "citizens only."

A posting checklist

1. Search every live posting and template for "citizen," "green card," "H-1B," "OPT," "CPT," "EAD," "passport" and "visa." Rewrite any line that names a status.
2. Keep one authorization line and one sponsorship line, worded the same in every ad for the role.
3. For any citizenship restriction, file the legal basis with the job order before the ad runs.
4. Give outside recruiters and job boards your approved wording in writing, and check what they publish.
5. Have a person review AI-drafted postings before they go live.
6. Keep ad copy and targeting settings with the requisition record.
7. Check the pay line too: many states require a pay range in the same posting; see pay transparency for staffing agencies.
8. Use the IER employer hotline, 1-800-255-8155, when you are unsure; it gives free, informal guidance.

Sponsorship policy also drives cost. If you do sponsor, see the $100,000 H-1B fee for where that payment stands, and O-1 visa hiring for an alternative route some candidates qualify for.