Employment eligibility law is complicated, and compliance centers almost entirely around the use of one single form: Form I-9.
Employers often have questions about how to complete Form I-9.
Below, we answer a few of those questions, referring whenever possible to documented information provided by the government itself.
Is Form I-9 required for all employees? Do all employees have to fill out an I-9 form?
According to the most recently updated version of the US Citizenship and Immigration Services website:
“All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.”
This pretty clearly indicates that, yes, I-9s are required for all employees hired. This includes fulltime and part time employees.
But the rise of the gig economy in the last decade has greatly expanded the number of people working as contractors instead of employees. What about them? Do independent contractors have to complete form I-9?
Are Contractors required to have an I-9 form? Do 1099 employees fill out an I-9?
Independent contractors, according to the UCIS website, are not required to fill out I-9s.
In fact, independent contractors are one of the three groups mentioned specifically by the UCIS as not requiring Form I-9. The other two: domestic workers and temps staffed through an outside agency.
It is worth noting, however, that oftentimes companies require independent contractors provide a W-9 to properly process payment and tax documentation.
How long are employers required to keep I-9 forms? How long are employers required to keep I-9 forms for terminated employees?
UCIS requires employers to keep completed I-9 records on hand for every employee hired and be prepared to produce these records if asked to by a federal authority.
But for how long must employers retain their I-9 records?
According to the UCIS website, employers must, “Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later.”
Of course, this does not stipulate that the records must be physically stored on-site. This allows for employers to digitally store completed I-9 forms.
When TrendSource helps complete I-9 Verifications for our clients, the completed forms are available within the client dashboard, allowing employers to rapidly access their employment eligibility records.
TrendSource Remote I-9 Verifications
TrendSource is a compliance industry leader and has the infrastructure and expertise to rapidly and efficiently complete I-9 Verifications anywhere in the country. Wherever New Hires may reside, TrendSource can pair them with a locally available Field Agent, who will meet with them, complete Section 2 of Form I-9 together on TrendSource’s digital platform and photograph any necessary documents.
After the I-9 has gone through TrendSource’s rigorous QA process, the completed form is immediately available on the employer dashboard.
Compliance is a dangerous business, and a lot of questions don’t have simple answers. Trust the experts, trust TrendSource.
