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Tom Reilly, the human resources director for Michael Baker Engineering Corp. in Moon Township, Pa., asks:
Does the Form I-9, Employment Eligibility Verification, extend to employees of U.S.-based companies who are physically working in foreign countries?This has to do with employees we hire and assign to Iraq and Afghanistan.
Reilly wanted to know, specifically, if the law applies only to people who are working in the U.S. and its territories.
We turned to SHRM’s HR Knowledge Center for a quick response. The answer:
Based on information below from the
USCIS Employer Handbook, the I-9 does not extend to persons “not physically working on U.S. soil.” Therefore, unless the employee is working in the United States, there is no need to complete an I-9.
This from the handbook:
You must complete Form I-9 each time you hire any person to perform labor or services
in the United States in return for wages or other remuneration. This requirement applies to everyone hired after Nov. 6, 1986.
You DO NOT need to complete a Form I-9 for persons who are:
Aliah D. Wright is an online editor/manager for SHRM.
USCIS Handbook for Employers—Instructions for completing the I-9 (see page 5)
Employers Must Use Revised I-9 Form Effective April 3,
HR News, March 30, 2009
HR in Ghana: Director Asks, How Should I Proceed?, SHRM Online Global HR Discipline, June 2009
SHRM members can receive additional resources on this topic. Visit SHRM’s
Express Request Service and select key term
REVISED FORM I-9.
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