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When is the right time to fill out a Form I-9?

Scenario 1: You’re the manager of an office where things have been hectic lately and you decide you need to hire an administrative assistant. To get this done quickly, you reach out to a temporary agency to find someone with the special skills you’re looking for. After reviewing three or four good candidates, you select Alyssa Garcia.

Question: Do you need to fill out a Form I-9 for Ms. Garcia?

Scenario 2: Mark has been volunteering at your non-profit, serving meals at a homeless shelter on Friday nights. He has applied for a full-time job at the organization and you decide to offer him a full-time paid position.

Question: Do you need to fill out a Form I-9 for Mark?

Click below to see answers.

When is the right time to fill out a Form I-9?: Answers

Scenario 1: No. 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. Ms. Garcia should be authorized through the temporary agency she was hired through, but it is your responsibility to double check.

Scenario 2: Yes. Volunteers and unpaid interns are not employees, so employers are not required to complete I-9s for these individuals. However, now that Mark has been hired as a full-time employee, you must fill out the Form I-9 because a Form I-9 is required of all individuals hired by an employer for proof of identity and authorization to work in the United States.