According to the law demands, US hirers are required to acknowledge the work permit for all workers whom they employ from November 6, 1986, despite the immigration status of the last one. Employers who hire or keep staff, knowing that they do not have the right to work in the US, or do not meet the necessary requirements, violate civil law laws, and sometimes, criminal.
Tax document w 9 should be completed for each received person, including US citizens, permanent residents and temporary foreigners. In the process of confirming the w 9, hirers make sure that the person meets the necessary work requirements in the US and that there will be no discrimination on immigration status.
What is required to fill out sections of the W 9?
The worker should complete section 1, no later than the end of his first working day, regardless of immigration status: Information about the employee and confirmation of it. The worker should affirm that he or she is a US citizen, a full-fledged resident, or has other labor rights, existing property. He must also submit papers confirming his identity and labor permit, based on most of the materials from the information papers. Management representatives are required, after physical verification of the person’s documents, to fill in section 2 – Employer Rewiev and Verification, and section 3 – Updating and Reverification, if required. Hirers are demanded to complete and sign Section 2, which are editable within three recent working days from the start’s date of the new employee’s labor. If the employment relationship lasts less than three days, the hirer must confirm the right to work, and fill parceling 2 no later than the first working day of the new person.
What documents should the employee provide?
The worker must submit the papers described on most pages of the form w 9: one document from A, two from B, and one from C:
- Item A – establishing the identity and right to work;
- Item B – that exclusively establish the identity;
- Item C – confirming labor right.
The employer is obliged to check these papers physically in the presence of the employee.
In some cases, the employee cannot use the original papers required by the form w 9. For example, if his documents were lost, stolen or destroyed. New ones must be submitted within 90 days from the date of employment. To get more information on this subject, please refer to the federal manual, M-274 Handbook for Employers.
One can get W 9 form online free in advance and fill it in by himself and send it in pdf-format to the hirer. Form w 9 is valid for 3 years from the date of employment, or 1 year from the end of the employment contract.