In general, the answer is yes for a business with even one employee. There is no small business exception for the Form I-9. All employers must complete and retain Forms I-9 for every person they hire for employment on or after Nov. 6, 1986, in the United States as long as the person works for pay or other type of compensation.
The owner of a business might even need to complete a Form I-9 if the owner is employed by the business and was hired as employee after Nov. 6, 1986. Likewise, in a partnership, an owner hired by the partnership should complete the Form I-9.
Penalties for failure to complete and retain Forms I-9 range from $110 per form to $16,000 for repeat offenders.
Exceptions to Form I-9
- Employees Hired on or before Nov. 6, 1986
- Casual Domestic Services
• Sporadic, meaning they occur occasionally, singly or in random instances;
• Irregular, meaning the occurrence or activity lacks continuity or regularity; or
• Intermittent, meaning that it does not occur continuously but instead comes and goes at intervals.
- Independent Contractors
Remember, however, that federal law prohibits individuals or businesses from contracting with an independent contractor knowing that the independent contractor is not authorized to work in the United States.
- Temporary or Staffing Agencies
For more information and tips for completing Forms I-9 visit U.S. Citizenship and Immigration Services website today.