Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Question

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any assistance or sign any documentation in support of any other form of immigration sponsorship or benefit, including optional practical training (OPT) or curricular practical training (CPT)." 
 
As this employer is designated as an equal opportunity employer, are they permitted to include such limitations on immigration sponsorship? I'd like to understand if this aligns with equal opportunity employment guidelines. Thank you!

James L. Arrasmith · Answer

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information. 
 
However, immigration status is not considered a protected class under these laws. Employers are allowed to require that applicants be authorized to work in the U.S. and are not required to provide immigration sponsorship, including OPT or CPT assistance. 
 
Therefore, including such limitations on immigration sponsorship in a job posting is permissible and aligns with equal opportunity employment guidelines. It's a common practice for employers to state their work authorization requirements upfront to ensure applicants are aware of their policies. 
 
I hope this helps clarify the situation for you. If you have further questions or need additional information, feel free to ask.

Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?