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PDF Editor FAQ

If it's illegal to hire an illegal resident in the United States, why aren't employers allowed to ask about citizenship status in interviews?

All newly hired employees are required to provide identification to complete Form I-9. Originally provided by the Department of Justice under the terms of the 1986 Immigration Reform and Control Act, the requirement is now administered by the Department of Homeland Security, United States Citizenship and Immigration Services. Therefore, for more than 30 years, newly hired employees have been required to provide proof of their citizenship or immigration status. From the USCIS website:Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers. NOTE: State agencies may use Form I-9. Also, some agricultural recruiters and referrers for a fee may be required to use Form I-9.As a small business manager before I retired, i have overseen the completion of dozens and dozens of Forms I-9. Employers who not meet this obligation are acting illegally—not that that has ever stopped anyone who is intent on employing illegal aliens.Here is the USCIS page for Form I-9:Employment Eligibility Verification

Should I be filling out a W-9 for an internship?

I agree with Mike Emeigh.A 1099 contractor is required to complete a W-9 to be kept by paying company. This burden is usually on the employer/company to provide the form. If you personally didn't fill one out, it's because your employer didn't do what they were supposed to do. W-9 is an attestation of your tax ID/social security number and a few other income tax-related questions.Form W-9If you’ve made the determination that the person you’re paying is an independent contractor, the first step is to have the contractor complete Form W-9 (PDF), Request for Taxpayer Identification Number and Certification. This form can be used to request the correct name and Taxpayer Identification Number, or TIN, of the worker. A TIN may be either a Social Security Number (SSN), or an Employer Identification Number (EIN). The W-9 (PDF) should be kept in your files for four years for future reference in case of any questions from the worker or the IRS.Source: Forms and Associated Taxes for Independent ContractorsIt's possible for some who are paid as 1099 contractors who receive less than $600 to NOT be asked to fill out a W-9, however the overwhelming majority of reporting businesses will still ask you to complete it.Other forms or information, like verifying immigration status, may also be required by law.Form I-9It is unlawful for you knowingly to hire or continue to employ an alien who cannot legally work in the United States. When you hire a household employee to work for you on a regular basis, you and the employee must complete the U.S. Citizenship and Immigration Services (USCIS) http://...Form I-9,http://... Employment Eligibility Verification. No later than the first day of work, the employee must complete the employee section of the form by providing certain required information and attesting to his or her current work eligibility status in the United States. You must complete the employer section by examining documents presented by the employee as evidence of his or her identity and employment eligibility. Acceptable documents to establish identity and employment eligibility are listed on Form I-9. You should keep the completed Form I-9 in your own records. Do not submit it to the IRS, the USCIS, or any other government or other entity. The form must be kept available for review upon notice by an authorized U.S. Government official.Source: Publication 926 (2014), Household Employer's Tax GuideA W-2 employee is required to complete and return Form W-4 to the employer.Form W-4Page on irs.gov

Does the USA have a consolidated record of its citizens? If not, what documents are required to prove the citizenship in the USA other than a passport?

There is no consolidated record. Most records are handled by the states, and transferring records is something you need to do when moving to a new state.In general, you need a birth certificate and social security number to prove your identity and to get other forms of identification like a driver’s license or passport.You can see some more examples of identification requirements by looking at the list of acceptable documents on the federal I-9 Employment Eligibility Verification Form: I-9, Employment Eligibility Verification. There are a variety of options given to prove your identity and citizenship.

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