So it really does depend. I’ve been on both sides of overseas hiring (getting hired from overseas on a work permit and helping choose folks to get hired from overseas) - generally, if someone is getting considered for hiring from overseas in a case where they don’t have a right to work (i.e. dual citizenship or similar) then their CV already has to be exceptional. So the odds of being given a chance to explain here - assuming it was questioned - are already very, very high. The other point here is that to actually be allowed to work in a case like this, USCIS or a similar gov’t agency has to vet the worker, so management could easily justify this as saying “well, the gov’t approved our candidate”

Now, if it’s a case of, e.g., a dual U.S.-Israeli citizen who is coming back to the US and finding a job here after finishing compulsory service in the IDF - afaik it wouldn’t actually be illegal to discriminate in this case, and people get fired or refused the job for actually illegal reasons in the US all the time. On the flip side, it’s easier to lie on your resume in this case (or at least create a gap and hide the real reason behind it).