Unpaid internships have become a common practice in many industries, providing students and young professionals with valuable work experience and skills. However, the question of whether unpaid interns are required to complete an I-9 form, a document used to verify an employee's identity and work authorization, is a complex one. In this article, we will delve into the specifics of I-9 requirements for unpaid interns and explore the implications for employers and interns alike.
Understanding I-9 Requirements
The I-9 form, also known as the Employment Eligibility Verification form, is a federal document that all employers must complete for each new hire, including citizens and non-citizens. The form requires employees to provide documentation, such as a passport, driver’s license, or social security card, to prove their identity and work authorization. The I-9 form is used to verify that an employee is eligible to work in the United States and to prevent the hiring of undocumented workers.
I-9 Requirements for Unpaid Interns
According to the U.S. Citizenship and Immigration Services (USCIS), unpaid interns are not considered employees for the purposes of completing an I-9 form, unless they receive compensation or other benefits that are considered taxable income. This means that unpaid interns who do not receive any form of compensation or benefits are not required to complete an I-9 form. However, if an unpaid intern receives any form of payment, such as a stipend, housing, or meals, they may be considered an employee and required to complete an I-9 form.
It is essential for employers to determine whether their unpaid interns are considered employees for I-9 purposes. To make this determination, employers should consider the following factors:
- Does the intern receive any form of compensation or benefits?
- Is the intern entitled to workers' compensation or other employment benefits?
- Does the intern have a reasonable expectation of employment at the conclusion of the internship?
If an employer determines that an unpaid intern is considered an employee, they must complete an I-9 form for the intern, just as they would for any other new hire.
| Category | Description |
|---|---|
| Unpaid Intern | No I-9 form required, unless intern receives compensation or benefits |
| Paid Intern | I-9 form required, as intern is considered an employee |
| Volunteer | No I-9 form required, as volunteer is not considered an employee |
Implications for Employers and Interns
The I-9 requirements for unpaid interns have significant implications for both employers and interns. Employers must ensure that they are complying with all applicable laws and regulations, including those related to I-9 forms. Failure to do so can result in fines, penalties, and reputational damage.
Interns, on the other hand, must understand their rights and responsibilities as unpaid interns. If an intern is considered an employee for I-9 purposes, they may be entitled to certain benefits and protections, such as workers' compensation and minimum wage laws.
Best Practices for Employers
To ensure compliance with I-9 requirements, employers should follow these best practices:
- Clearly define the terms of the internship, including whether the intern will receive compensation or benefits
- Determine whether the intern is considered an employee for I-9 purposes
- Complete an I-9 form for all employees, including paid interns
- Verify the identity and work authorization of all employees, including paid interns
Do unpaid interns need to complete an I-9 form?
+Unpaid interns do not need to complete an I-9 form, unless they receive compensation or benefits that are considered taxable income.
What is the difference between an unpaid intern and a volunteer?
+An unpaid intern is an individual who works for an employer, but does not receive compensation or benefits. A volunteer, on the other hand, is an individual who donates their time and services to an organization, without expectation of compensation or benefits.
In conclusion, the I-9 requirements for unpaid interns are complex and depend on various factors, including whether the intern receives compensation or benefits. Employers must carefully review their internship programs to determine whether their unpaid interns are considered employees for I-9 purposes. By following best practices and complying with all applicable laws and regulations, employers can ensure that they are treating their unpaid interns fairly and legally.
