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<< Back to FAQ/Fact list Q: How can I hire a foreign worker? A: There are two ways to look at this question: 1) What is the necessary documentation and how do I legally fill it out, or 2) how do I go about obtaining an H1-B Visa so I can have foreign workers. Information on the latter can be found at the INS site, www.ins.usdoj.gov. This site provides a question and answer section to help walk you through what questions you may have. When answering, "How do we document a foreign worker," you need to complete an I-9 form. When filling out an I-9, you must keep in mind that you must never ask an employee for specific documentation. Employers must not ask for, specify or require specific documents, nor ask for more documents than are required, ask for additional documents if the employee has met minimum requirements, or refuse documents that appear to be genuine. You may ask for one form of identification from Column A or two pieces of identification, one from Column B and one from Column C (see the I-9 form for these lists.) When asking for documentation, you must also remember that the person filling out the form has to be the one who has reviewed the actual forms of identification. The form is not valid if a person is viewing copies. Section 1 of the form needs to be filled out by the employee on the date of hire. The employer must fill out section 2 within three business days from the date of hire.
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