Form I-9 for union hiring halls: who completes it for dispatched workers, and the multi-employer association rule

When a union hiring hall dispatches a worker to a signatory contractor, the contractor completes Form I-9, because it is the employer that puts the worker on its payroll. The hall does not: federal regulations say a union hiring hall that refers members, or non-members who pay union dues, does not "recruit" or "refer for a fee," and only agricultural recruiters and referrers have Form I-9 duties in any case. One exception helps union employers: a member of a multi-employer association that bargains with the union may rely on a Form I-9 that another member, or the association's agent, completed for the same worker within the past three years. That is the rule on eCFR and uscis.gov as of November 2026.

This page is for contractors, multi-employer associations and hall staff who handle dispatch paperwork. Staffing agencies are the employer of the temps they place and follow different rules, covered in Form I-9 for staffing agencies.

Who completes Form I-9 when a hiring hall dispatches a worker?

The last row marks an edge. The only referral the rules let stand in for Form I-9 is a certificate from a state employment agency, which M-274 Section 8.1 describes as a state government unit designated to cooperate with the U.S. Employment Service. Nothing in the rules gives a union dispatch slip, referral card or out-of-work list that effect, so a dispatched worker still needs a completed Form I-9 with the contractor unless the association rule applies.

Why isn't the hiring hall a recruiter or referrer for a fee?

Two separate provisions keep the hall out of the Form I-9 process for the workers it dispatches. 8 CFR 274a.1(d) defines "refer for a fee" and then says the term "does not include union hiring halls that refer union members or non-union individuals who pay union membership dues"; paragraph (e) says the same of "recruit for a fee." And 8 CFR 274a.2(a)(1) limits Form I-9 duties for recruiters and referrers for a fee to agricultural associations, agricultural employers and farm labor contractors.

The duty lands on the employer instead. Section 274a.1(g) defines the employer as the person or entity that engages the services or labor of an employee for wages, and M-274 Section 2.0 says to complete Form I-9 each time you hire any person to perform labor or services in the United States for wages or other remuneration. A contractor cannot hand that duty to the hall by contract. It can ask hall staff to examine documents on its behalf, covered below, but it stays liable for the result.

How does the multi-employer association rule work?

Congress wrote this rule into the statute itself. 8 U.S.C. 1324a(a)(6) applies when all of these are true:

1. The worker is a member of a collective bargaining unit and is employed under a collective bargaining agreement between one or more employee organizations and an association of two or more employers.
2. The hiring employer is a member of that association.
3. Another employer in the association, or an agent of the association acting for that employer, has already complied with the Form I-9 requirements for this worker.
4. That earlier verification happened within three years or, if shorter, within the period the worker is authorized to be employed in the United States.

If so, the hiring employer is treated as having complied with the verification requirements for that hire and is not liable for the paperwork civil penalties in subsection (e)(5). The rule has a price. If the worker turns out not to be authorized to work, the statute presumes the employer that relied on it knew so, and the employer can rebut that presumption only with clear and convincing evidence that it did not know and could not reasonably have known. The presumption does not apply in a criminal prosecution under subsection (f)(1). M-274 Section 8.1 adds that the penalties for knowingly employing unauthorized workers still apply.

In practice, an employer using the rule should be able to show its association membership, the agreement and the bargaining unit, the earlier verification it relied on and its date, and that the worker's authorization had not expired. If you cannot see the earlier form, completing a new one is the safer route.

How is that different from the continuing-employment rule?

The regulation has a second, narrower provision for the same setting. 8 CFR 274a.2(b)(1)(viii)(A)(7)(iii) counts as a related employer one "who continues to employ any employee of another employer's workforce where both employers belong to the same multi-employer association and the employee continues to work in the same bargaining unit under the same collective bargaining agreement." The move is then continuing employment, not a hire.

The "reasonable expectation" test is the same one that applies to seasonal and laid-off workers: regular and substantial work, a published absence policy, a history of recalls, and communications that make a return likely; see Form I-9 for seasonal and returning workers.

What should a contractor do when a dispatched worker reports?

1. Pick the route before the first shift. New hire, association reliance, continuing employment within the association, or a rehire of your own former employee. Write down why.
2. Section 1 on day one. The worker completes it no later than the first day of work for pay, and not before accepting the job.
3. Section 2 within three business days. For a dispatch of less than three business days, 8 CFR 274a.2(b)(1)(iii) requires both sections at the time of hire and bars accepting a receipt in place of a document. See Form I-9 timing in hiring.
4. Let the worker choose the documents. Any List A document, or a List B plus a List C document; see I-9 List A, B and C documents.
5. Track expiration dates. M-274 Section 6.1 says to reverify no later than the date employment authorization expires; see I-9 reverification.
6. Create E-Verify cases if you participate. The E-Verify User Manual, Section 1.5, says to create a case for each newly hired employee no later than the third business day after they start work for pay. We found no E-Verify guidance that applies the association rule to E-Verify cases, so ask E-Verify (888-464-4218) before skipping a case on that basis.
7. Keep the form. Three years after the date of hire or one year after employment ends, whichever is later, under 8 CFR 274a.2(b)(2); see I-9 retention rules.

Can hall or association staff examine documents for the contractor?

Yes, as the contractor's authorized representative. M-274 Section 2.0 lets an employer designate, hire or contract with any person to complete Section 2 on its behalf, says no contract is required for Form I-9 purposes, and makes the employer liable for any violation the representative commits. The person who examines the documents signs Section 2, and a notary acting in this role should not add a seal. See I-9 authorized representatives.

The statute also contemplates associations doing this work: subsection (a)(6) refers to "an agent of such association on behalf of the employer" completing the verification. An association or other organization that creates E-Verify cases for member employers does so through the employer agent access method, which the E-Verify User Manual describes as acting on behalf of other employers to create cases for their newly hired employees; see E-Verify employer agents. Remote document examination is a separate question, covered in I-9 remote verification.

What anti-discrimination rules apply to dispatch?

• Document requests. 8 U.S.C. 1324b(a)(6) treats asking for more or different documents than Form I-9 requires, or refusing documents that reasonably appear genuine, as an unfair immigration-related employment practice when done to discriminate. A contractor should not ask the hall to dispatch only workers with a particular document. See I-9 document abuse.
• Referrals. 42 U.S.C. 2000e-2(c) makes it unlawful for a labor organization to fail or refuse to refer for employment any individual because of race, color, religion, sex or national origin, or to cause or attempt to cause an employer to discriminate.
• Consistency. Whatever route you choose for dispatched workers, apply it to every worker, not only to those who are not U.S. citizens.

A union-hiring-hall Form I-9 checklist

• Each dispatch type mapped to the employer that completes Form I-9.
• A written decision on whether your company uses the association rule, with the membership and agreement on file.
• For each worker hired under that rule, a record of the earlier verification and its date.
• For continuing employment within the association, the previous employer's form and records, and hire and termination dates entered each time.
• Same-day Sections 1 and 2, with no receipts, for dispatches under three business days.
• Hall or association staff who examine documents briefed in writing as authorized representatives.
• Dispatch requests free of citizenship or document preferences.
• E-Verify cases created for newly hired employees at participating sites, by the third business day.
• Retention dates tracked per hire, with forms producible within three business days of an inspection notice.

Workers who move between your own locations or divisions raise a related question, covered in Form I-9 for transferred employees.