• A Form I-9 is not needed for individuals employed for casual work in a private home, employees outside of the U.S., independent contractors, unpaid workers, or the self-employed.
• Employers who obtain workers through a temporary agency should verify that the agency has already completed Forms I-9 for those workers.
• Employees hired before November 6, 1986, do not need a Form I-9.

Forms I-9 are not required for individuals who are employed for casual domestic work in a private home on a sporadic, irregular, or intermittent basis. In addition, only employees who were hired after November 6, 1986, need to have completed an I-9.

Other workers who do not need a Form I-9 include:

Employees outside of the U.S.: Employees who are not working on U.S. soil are not required to complete a Form I-9, even if they are employed by a U.S. employer.

Independent contractors: Independent contractors are not employees, so the company enlisting the contractor’s services need not complete an I-9 for that individual.

Unpaid workers: Volunteers and unpaid interns are not employees, so employers will not be required to complete I-9s for these individuals.

Employees of a temporary agency: Individuals who work for a company through a temporary agency are typically employees of the agency. Where this is the case, the temporary agency is responsible for ensuring their employees are authorized to work in the United States via the Form I-9 process. However, an employer can still be held responsible if it knew (or should have known) that the workers obtained from the temporary agency were not authorized to work. Employers who use the services of temporary agencies may want to ask for confirmation that the agency completes the Form I-9 process for all of their employees. Due to privacy concerns, temporary agencies may prefer not to share the actual I-9 forms.

The self-employed: Self-employed individuals do not need to complete a Form I-9 on their own behalf unless employed by a separate business entity, such as a corporation or partnership. If the person is an employee of a separate business entity, then the Form I-9 will need to be completed.