Iowa Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor
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FAQ
Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization.
Employers are not required to complete Forms I-9 and use E-Verify for their independent contractors. The Form I-9 regulations use common-law understandings of employer-employee relationships to describe who is an independent contractor.
As mandated by IRCA, an individual or entity (client) is NOT required to obtain Form I-9, or otherwise inquire about immigration status from independent contractors or sporadic domestic workers.
Independent Contractors and Self-Employed Individuals Generally, self-employed individuals are not required to complete Form I-9 on themselves, and therefore are not required to use E-Verify. However, all employers, including sole proprietorships, must complete a Form I-9 for each employee they hire.
An independent contractor is not considered an employee for Form I-9 purposes and does not need to complete Form I-9.
9s and 1099s are tax forms that are required when employers work with an independent contractor. Form 9 is completed by the independent contractor and provides details on who they are. Form 1099NEC is completed by the employer and details the wages paid to the contractor.