New I-9 Handbook for Employers - Immigration Lawyer

12Part Seven5. Q. Do I need to fill out an I-9 forindependent contractors or theiremployees?Some Questions You May Have Aboutthe Form I-9 A. No. For example, if you contract with aconstruction company to performrenovations on your building, you do notQuestions About the Verification Processhave to complete I-9s for that company'semployees. The construction company is1. Q. Do citizens and nationals of the Unitedresponsible for completing the I-9s for itsStates need to prove they are eligible towork?A. Yes. While citizens and nationals of theUnited States are automatically eligible foremployment, they too must present therequired documents and complete an I-9.Citizens of the United States includepersons born in Puerto Rico, Guam, theVirgin Islands, and the Northern MarianaIslands. Nationals of the United Statesinclude persons born in American Samoa,including Swains Island.own employees. However, you must notknowingly use contract labor to circumventthe law against hiring unauthorized aliens.6. Q. What should I do if the person I hire isunable to provide the requireddocuments within 3 business days ofthe date employment begins?A. If an employee is unable to present therequired document or documents within 3business days of the date employmentbegins, the employee must produce areceipt showing that he or she has applied2. Q. Do I need to complete an I-9 for for the document. In addition, theeveryone who applies for a job with myemployee must present the actualcompany?document to you within 90 days of the hire.The employee must have indicated on orA. No. You need to complete I-9s only forbefore the time employment began, bypeople you actually hire. For purposes ofhaving checked an appropriate box inthis law, a person is "hired" when he orSection 1, that he or she is already eligibleshe begins to work for you.to be employed in the United States.3. Q. If someone accepts a job with mycompany but will not start work for amonth, can I complete the I-9 when theemployee accepts the job?NOTE: Employees hired for less than 3business days must produce the actualdocument(s) and the I-9 must be fullycompleted at the time employment begins.A. Yes. The law requires that you complete 7. Q. Can I fire an employee who fails tothe I-9 only when the person actuallyproduce the required documents withinbegins working. However, you may3 business days?complete the form earlier, as long as youcomplete the form at the same point in A. Yes. You can terminate an employee whothe employment process for all employees.fails to produce the required document ordocuments, or a receipt for a document,4. Q. I understand that I must complete an within 3 business days of the dateI-9 for anyone I hire to perform labor or employment begins. However, you mustservices in return for wages or otherapply these practices uniformly to allremuneration. What is "remuneration"?)employees. If an employee has presenteda receipt for a document, he or she mustA. Remuneration is anything of value given in produce the actual document within 90exchange for labor or services rendered bydays of the date employment begins.an employee, including food and lodging.