FORM I-9 Q & A – INDEPENDENT CONTRACTORS

Q:  Do I have to fill out a Form I-9 for independent contractors or their employees?

A:  No, you only have to compete a Form I-9 for W-2 employees.  For example, if you contract with a construction company to perform renovations on your office, you do not have to prepare Forms I-9 for that company’s employees.  The construction company is responsible for preparing Forms I-9 for its own employees.  Or, if you use a labor provider to supply temporary workers to your business, the labor provider is responsible for preparing Forms I-9 for those employees.  However, you many not use a contract, subcontract or exchange agreement to obtain labor or services for an employee knowing that the employee is unauthorized to work.

Businesses should make sure that their contracts with independent contractors, including those providing services or labor to your company, include language which requires that they are compliant with all federal, state and local employment eligibility verification laws.

If you have any specific questions or concerns about I-9 compliance or an immigration issue, please contact the Kullman Firm attorney with whom you normally work, or Patricia A. Bollman, our Immigration Law Specialist at pab@Kullmanlaw.com.