I-9 Central: Who Needs to Complete Form I-9?
Yes, Immigration and Customs Enforcement (ICE) continues to adhere to this policy. For more information, please contact ICE directly.
In general, Forms I-9 are not required for unpaid individuals unless the individuals will receive something of value in exchange for their labor or services, also referred to as remuneration.
Remuneration can come in many forms, such as money, meals, lodging and other benefits, but does not include gifts. If your company determines that unpaid individuals will receive something of value in exchange for labor or services, your company should complete Form I-9.
Yes. You can include Form I-9 in a job application packet as long as you apply this practice uniformly to all job applicants and do so for information purposes. Do not ask employees to complete Form I-9 as part of the application process. Form I-9 must be completed after your employee has been provided and accepted an offer of employment.
A self-employed person does not need to complete a Form I-9 on his or her own behalf unless the person is an employee of a separate business entity, such as a corporation or partnership. If the person is an employee of a separate business entity, he or she, and any other employees, will have to complete Form I-9.
No, with three exceptions: Agricultural associations, agricultural employers, and farm labor contractors. These entities must complete Forms I-9 on all individuals who they recruit or refer for a fee. Also, all recruiters and referrers for a fee are liable for knowingly recruiting or referring for a fee individuals not authorized to work in the United States and must comply with federal anti-discrimination laws.
Yes. You must complete Forms I-9 for all employees, including NAFTA entrants.
Form I-9 requirements are triggered by the hire of an individual for employment in the United States. A “hire” is the actual commencement of employment of an employee for wages or other remuneration. If any of the owners are “employees” of the company, then each owner must complete Form I-9. Failure to comply with all Form I-9 requirements could result in civil penalties against the employer.
Yes. Unless the individual engages in casual domestic employment, you must complete Form I-9 for each employee hired to work in the United States, even if your employee works only one day.
No. You should not update or complete a new Form I-9 if you are only distributing back pay to a previous employee.
If your company is paying for training that is required for the job, Form I-9 should be completed. You must complete Form I-9 in this situation even if your employee will be attending the training in the United States only for one day.
Yes. Individuals must be work-authorized to perform any employment in the United States, even if it is not employment in an employer-employee relationship requiring completion of the Form I-9. Undocumented aliens, or others lacking work authorization, are NOT authorized to be self-employed or to work as independent contractors. Any person who obtains the labor of an independent contractor, knowing that the contractor is not work authorized, is subject to civil penalties under section 274A of the INA.
No. For example, if you contract with a construction company to perform renovations on your building, you do not have to complete Forms I-9 for that company’s employees. The construction company is responsible for completing Forms I-9 for its own employees. However, you may not use a contract, subcontract or exchange to obtain the labor or services of an employee knowing that the employee is unauthorized to work.
Yes. The law requires that you complete Form I-9 only when the person actually begins working for pay. However, you may complete the form earlier, as long as the person has been offered and has accepted the job. You may not use the Form I-9 process to screen job applicants or to delay the actual start day of work.
Yes. While citizens and noncitizen nationals of the United States are automatically eligible for employment, they too must present the required documents and complete a Form I-9. U. S. Citizens include persons born in the United States, Puerto Rico, Guam, the U.S. Virgin Island and the Commonwealth of the Northern Mariana Islands. U. S. noncitizen nationals are persons who owe permanent allegiance to the United States, which include those born in American Samoa, including Swains Island.