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Stephen Charest

Undocumented person as volunteer worker

10 posts in this topic

Question: may a non-profit corporation accept the services of an undocumented person as a volunteer worker? I see two issues here: 1) is the person an employee for purposes of unlawful hiring of undocumented workers, and 2) is the agency "harboring" the person in question. Thanks in advance.

 

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1. No or at least probably not.

From the USCIS site.

 

In general, Forms I-9 are not required for unpaid individuals unless the individuals will receive something of value in exchange for their labor or services, also referred to as remuneration.  

Remuneration can come in many forms, such as money, meals, lodging and other benefits, but does not include gifts.  If your company determines that unpaid individuals will receive something of value in exchange for labor or services, your company should complete Form I-9.

 

2.  That is criminal law so I'm not going to get into that issue.

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1 hour ago, cbg said:

A question for you - how do you know that the person is undocumented?

That is a chicken and egg conundrum.  If the person is considered an employee, the organization is required to do an e-verify check.  The original question is whether the person would be considered an employee.

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19 minutes ago, RetiredinVA said:

That is a chicken and egg conundrum.  If the person is considered an employee, the organization is required to do an e-verify check.  The original question is whether the person would be considered an employee.

 

What do you think the E-Verify requirement is?

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21 minutes ago, PayrollHRGuy said:

 

What do you think the E-Verify requirement is?

E-Verify is an Internet-based system that compares information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.

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39 minutes ago, RetiredinVA said:

E-Verify is an Internet-based system that compares information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.

 

I know full well what E-Verify is.  I also know that it is a voluntary program and is only required of employers with government contracts.

 

 

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No, I asked how the poster knew that the volunteer/employee was undocumented. If the answer is that he is the employer and knows it from e-Verify or some other reputable source, fine. But if he is a co-worker who is making an assumption based on the volunteer/other employee's country of origin or primary language (and I have seen that assumption made, incorrectly, many times) that's a different kettle of fish whatsoever.

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18 hours ago, RetiredinVA said:

If the person is considered an employee, the organization is required to do an e-verify check.

 

If you understand that E-Verify is a voluntary program why did you write ^^^^^^? 

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