Do Interns Need to Fill Out I-9 Forms?

Q: We are planning to bring on some unpaid interns. Do interns need to fill out I-9 forms?

A: According to the Department of Homeland Security, I-9 forms are only required for employees, not unpaid interns. When taking on an unpaid intern, however, we urge employers to take extra care. The US Department of Labor has clear guidelines as to what makes an unpaid intern, and if all conditions are not met, the intern must be considered an employee and paid at least minimum wage plus overtime as well as complete an I-9 form.

The conditions that must be met to properly classify a worker as an unpaid intern are as follows:

1. The training the intern receives is similar to what one learns in a vocational school or academic institution;
2. The training is for the benefit of the intern;
3. The intern does not displace regular employees, rather the intern works under their close supervision;
4. The employer derives no immediate advantage from the work of the intern and on occasion business operations may actually be impeded;
5. The intern is not promised a job at the end of the training; and
6. The employer and intern both understand the intern is not entitled to wages for the training period.

So long as all of these conditions are met, there is no need to complete the I-9 form for the unpaid intern.

For more information, contact GTM at (518) 373-4111.