Tuesday, July 10, 2007

I-9s for independent contractors

A question we were asked recently: Does a business need to get I-9 forms (employment eligibility verification) from its independent contractors? My answer: No. And yes.
No, it’s not required of them, but if someone, say Wal-Mart, had a bunch of illegal immigrants working 60-hour weeks with no overtime on their behalf, that would look bad for Wal-Mart. Wait, that DID happen.

From this law site: The government is looking beyond the mere labels of "independent contractor" to see if the employer had knowledge of its contractors' practices. In this type of environment, prudent employers who do not want to be the target of a federal investigation or prosecution will review their immigration law compliance efforts and make sure that they, and their executives, are not aware of violations by their contractors...
At a minimum, require your contractors to furnish you with copies of Forms I-9 and supporting documentation for the workers they bring onto your site.

From this legal site: An employer may not knowingly use an independent contractor to obtain the services of unauthorized alien workers. If an employer has knowledge that the contractor uses such workers, the employer will also be liable for an I-9 violation.

2 comments:

Roger Green said...

You may notice the I-9 form I provided has an expirsation date of 3/31/07: "Notice regarding expiration of control number on Form I-9, Employment Eligibility Verification: The Office of Management and Budget (OMB) control number on the current Form I-9 expired March 31, 2007. USCIS is working on issuing a Form I-9 with an updated control number. This expiration does not affect employers' requirement to comply with employment eligibility verification responsibilities, and employers should continue to use this current version of the Form I-9 until an updated form is posted."

michelle said...

Hi,

I some what agree to your article.

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Thanks,
- Michelle Francis