Sharing Form I-9 with Third Party Contractors

Generally, most of the third party contractors request Form I-9 from the employers to verify if the employer is in compliance withe I-9 regulations. The first question that arised even in my mind was it is employer's responsiblitiy and has got nothing to do with the third party contractors. However, due to business pressure there was no other option and mainly because there was no clear guidance on this issue, it was hard for employer's to say a clear "NO".

Now, we have gotten almost a clear guidance with the letter dated 12/22/10 and 7/22/11 to Eileen Scofield and Karl Buesgen. These letters confirm that Although it is not per se discrimination but OSC (Office of Special Counsel) generally does not encourage such a practice. OSC suggests that employers not share Forms I-9 with third parties, but cannot say that this is the position of other federal agencies. Turning over Forms I-9 to a third party is not a per se violation of INA §274B unless an employer selects only certain Forms I-9.

See Letters here and here