Free HR Webinar on Immigration Compliance
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Ascentis recently hosted a free HR webinar titled Immigration Compliance and Visa Processing Under the Trump Administration. This free HR webinar recording is approved for 1.0 free SHRM credit and 1.0 free HRCI credit and available to watch here. Our expert speaker from this webinar, Jon Velie from Online Visas, wrote the below reflection on this topic.
Common I-9 Exemptions
by Jon Velie
In a recent free HR webinar, I discuss I-9 documentation in relation to immigration. Specifically, employers must complete and maintain the I-9 Employment Eligibility Verification form for almost every worker. However, there are some employees for which the employer is exempt from completing and retaining a Form I-9. Here are some common scenarios:
According to the USCIS, an independent contractor is an “Individuals or entities who carry on independent business, contract to do a project according to their own means and methods, and are subject to control only to the results of the work and not what and how it will be done.” Therefore, an independent contractor is not considered and employee. In addition, employers aren’t required to acquire and retain Form I-9 for these workers.
Irregular or Intermittent Domestic Workers
Persons employed in casual domestic work in private homes on an intermittent basis are not required to complete the Form I-9.
Individuals Hired On or Before November 6, 1986
Most importantly, employees hired on or before November 6, 1986, are not required to complete the Form I-9. Also, workers in the Commonwealth of the Northern Mariana Islands (CNMI) hired on or before November 27, 2009, are not required to complete the Form I-9.
Individuals Not Physically Employed in the U.S
Employers are not required to maintain a Form I-9 for U.S. workers physically working overseas.
Maintaining a Form I-9 for every employee is an important part of maintaining workplace compliance. Furthermore, knowing when you are exempt from acquiring and retaining the form can be helpful in maintaining accurate records.
Jon Velie is a managing partner of Velie Law Firm. Jon is also the founder and CEO of Online Visas, a global immigration network and proprietary platform connecting HR leaders with attorneys across 25 countries. Contact Jon at firstname.lastname@example.org.
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