Contracted Employees & I-9 Forms

Does a contracted employee have to complete an I-9 form and do they have to produce documents that establish identity and employment eligibility?


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  • I think you have to look at the definitions in the statute and regulations. If you look at the I-9 form it says:

    "All employees, citizens and noncitizens, hired after November 6, 1986, must complete Section 1of this form at the time of hire, which is the actual beginning ofemployment.
    The employer is responsible for ensuring thatSection 1 is timely and properly completed."

    The government has a handbook for employers that you can find on the web site at . It says that you don't have to complete the form for an independent contractor, but you may not use contractors to circumvent the law related to the hiring of undocumented workers. I'd be careful though. If a contractor doesn't meet the definitions for independent contractor under the wage & hour, and tax laws, they might be considered an employee and you would have to complete the I-9. 



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