March 4, 2019

You already know that you have to complete the Form I-9 process for each employee that you hire to verify that the individual is authorized to work in the United States.  You may also already know that you are NOT required to complete the Form I-9 for independent contractors.  However, did you know that even though you are not required to complete the I-9 for independent contractors, U.S. companies are still prohibited from engaging an independent contractor if the company knows or has reason to know that the contractor is not authorized to work in the United States?  The provision prohibiting a company from contracting with a known alien is 8 USC 1324a.  To that end, companies looking to work with an independent contractor can confirm the contractor is authorized to work in the United States with either a list A or list C document.  If you have any questions about the Form I-9 process or would like help assessing whether your hiring process ensures you only hire those authorized to work in the U.S., please contact one of our attorneys today!

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