Is Form I-9 required for employees attending training in the U.S. before starting a job abroad?

The requirement for completing Form I-9 is based on the intention to work in the United States. Form I-9 is necessary for verifying the identity and employment authorization of individuals working in the U.S. When employees are attending training before starting a job abroad, they generally would not be considered as working or engaging in employment in the U.S. Therefore, if their training does not occur in a capacity that meets these requirements, a Form I-9 would not be required.

However, the situation changes if the training is considered job-related and takes place in a context where the employee is viewed as beginning employment activities, even if it is not immediately meant for a U.S.-based job. In those instances, it can be argued that Form I-9 is requisite to ensure that the individual is authorized to work, reflecting the nuances of the employment environment and the legal requirements around employment authorization in the U.S.

This highlights the complexity surrounding employment regulations, particularly in cross-border situations where training may lead directly to work.