Hiring Employees FAQ
Can I ask where an applicant was born or whether he or she is a U.S. citizen?
5. Can I ask where an applicant was born or whether he or she is a U.S. citizen?
Not in so many words. Because it is illegal to discriminate against applicants and employees based on their national origin or citizenship status, you shouldn't ask about these things during an interview. However, you can ask whether the worker is legally authorized to work in the United States. For more information on what you can and can't ask applicants, see Nolo's article Conducting Job Interviews.