Code of Federal Regulations Title 29. Labor § 29.1606.5 Citizenship requirements

(a) In those circumstances, where citizenship requirements have the purpose or effect of discriminating against an individual on the basis of national origin, they are prohibited by title VII.  2

² See Espinoza v. Farah Mfg. Co., Inc., 414 U.S. 86, 92 (1973). See also, E.O. 11935, 5 CFR 7.4;  and 31 U.S.C. 699(b), for citizenship requirements in certain Federal employment.

(b) Some State laws prohibit the employment of non-citizens. Where these laws are in conflict with title VII, they are superseded under section 708 of the title.