This Month Only! >> $20 off and a FREE SHRM tote with your membership and code TOTE2018!
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Puzzled by global HR? Ask an Expert is an occasional series in which SHRM members can pose direct questions to experts in the field of global HR. To pose your question, contact SHRM's Global HR Discipline Editor Aliah D. Wright at firstname.lastname@example.org
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
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.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
HR Education in a City Near You
SHRM’s HR Vendor Directory contains over 10,000 companies