Understanding the I-9 Form
When it comes to unpaid internships, one of the most crucial documents you’ll encounter is the I-9 form. This form is a mandatory requirement for all employers in the United States to verify the identity and employment authorization of their employees. Whether you’re an intern or an employer, understanding the I-9 form is essential. Let’s delve into the details.
What is the I-9 Form?
The I-9 form, officially known as the “Employment Eligibility Verification,” is a two-page document that employers must complete for each employee they hire. The purpose of this form is to ensure that all employees are authorized to work in the United States. For unpaid internships, the I-9 form is still required, but there are some specific considerations to keep in mind.
Completing the I-9 Form for Unpaid Internships
When completing the I-9 form for an unpaid intern, there are a few key points to remember:
| Section | Requirement |
|---|---|
| Section 1: Employee Information and Verification | Fill in the intern’s personal information, including name, address, and date of birth. This section also requires the intern to attest that they are authorized to work in the United States. |
| Section 2: Employer Review and Verification | The employer must examine the intern’s identity and employment authorization documents. Acceptable documents include a driver’s license, passport, or a Social Security card. For unpaid internships, the employer must indicate that the intern is not eligible for wages. |
| Section 3: Reverification | This section is for employers to update the I-9 form if the intern’s employment authorization documents expire. Unpaid internships typically do not require reverification. |
Special Considerations for Unpaid Internships
While the I-9 form is required for unpaid internships, there are some additional considerations to keep in mind:
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Unpaid internships must meet certain criteria to be considered legitimate. These criteria include the intern’s educational benefits, the intern’s work not displace regular employees, and the employer receiving no immediate advantage from the intern’s work.
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Employers must provide a written agreement outlining the terms of the internship, including the duration, work schedule, and any expectations.
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Unpaid internships should not exceed the maximum duration allowed by the Department of Labor, which is typically one year.
Legal Implications
It’s important to understand the legal implications of completing the I-9 form for unpaid internships. Failure to comply with the requirements can result in penalties and fines. Employers must ensure that they are following the correct procedures and maintaining accurate records.
Conclusion
Completing the I-9 form for unpaid internships is a crucial step in ensuring compliance with U.S. employment laws. By understanding the requirements and special considerations, both employers and interns can navigate this process successfully. Always consult with an attorney or legal expert if you have any questions or concerns regarding the I-9 form and unpaid internships.
