The Form I-9 is For ALL Employees

The Form I-9 Is for Everyone You Hire – Yes, Even the Nanny!

The Senate Finance Committee published the findings of its review of documents submitted by Alan Bersin after his nomination to become Commissioner of U.S. Customs and Border Protection in the U.S. Department of Homeland Security. Mr. Bersin is currently the U.S. Attorney for the Southern District of California.

It seems only appropriate that an audit of I-9 forms for people employed by Mr. Bersin would be part of the review since it is the Department of Homeland Security that is responsible for enforcing Form I-9 compliance. The Form I-9, Employment Eligibility Verification, is required for every person hired in the United States and must be completed by the employer no later than 3 business days after the date of hire.

Mr. Bersin employs 10 household staff members. All 10 were treated as employees for tax reporting purposes, including unemployment taxes. Some were paid by the hour and others were salaried individuals. During a due diligence meeting, Bersin’s wife, Lisa Foster stated it did not occur to her to obtain I-9 forms for her household/domestic workers. An incomplete I-9 for one of the employees was given to Ms. Foster by an employment agency. Ms. Foster did not realize it was her responsibility to make sure the Form I-9 was completed properly.

If you have household help that you are paying as an employee, you must have a correctly completed Form I-9 on file. If you are a small business person and you are relying on a CPA, Employment Agency, or PEO to complete your new hire paperwork, you better make darn sure it is done correctly. The Form I-9 is always ultimately the employer’s responsibility. Leaving this important document in the hands of other may put you in hot water and could cost your business large amounts of money resulting from fines and penalties for Form I-9 violations.