HR Hotline: Am I Responsible for Temp Workers’ I-9 Forms?
Q: Do we need to fill out an Immigration Form I-9 for independent contractors or contract workers from a temp agency?
If the workers in question are properly classified as independent contractors, you are not obligated to complete the Form I-9.
However, the immigration law also clearly states that you cannot do through a contractor what would be illegal to do directly. That means you cannot engage the services of a contractor or receive services from a temp agency contract worker knowing that the worker is not legally authorized to work under the immigration law.
As a result, it might be prudent to include in your contractor agreement a statement that the person performing the work on a contract basis is eligible to work under U.S. immigration laws. And you should expect to see in a temp agency’s contract terms that all temporary workers have been documented as authorized to work under applicable immigration law.
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