When completing Form I - 9 or E - Verify, what to do for people with disabilities or employees under the age of 18, employers are one of the most misunderstood special circumstances. In compliance with I-9 and E-Verify without problems, there are five best practices to follow when processing one of the following employees:
1. There is a shortage because certain identification cards are missing or too young
2. We need assistance from the creator, parent or guardian to complete the form.
When completing the I-9 form for these types of employment, keep the following scenario in mind. Also note that there are exceptions to some of these rules when employees are subject to E-Verify.
1. Lack of identity document. The US Government creates a List B document that creates an identity card for people under the age of 18 because many people are not eligible for a driver's license and state issued identity cards are restricted by many states To people over the age of 18 admit that it is difficult to do. Thus, documents that employers can accept from minors to complete Section 2 of I - 9 have unique exceptions. Specifically, instead of one of the customary documents in List B, employees under the age of 18 may present one of the following special documents:
• School record or report card
• Records of clinics, physicians or hospitals
• Day care or nursery records
Implications of E - Verify: According to the E - Verify Memorandum of Understanding (MOU), employers at E - Verify can only accept List B documents that hold pictures. This command supersedes the above exceptions. Therefore, if a minor can not create a standard list B document, the E-Verify employer can only accept one of three exception documents, if there is a photo.
2. Evidence of parent or guardian. Alternatively, instead of submitting the document in List B, instead of presenting a document showing both the identity and employment qualifications in List A, an employee under the age of 18 may give his parent or guardian an I-9 Employment We guarantee the identity of the member. In this case, the employee must prepare a document certifying the employment qualification based on List C, such as an original SSN card, birth certificate original or certificate copy. In such a case, please fill in I-9 as follows:
• Parent or legal guardian should fill in section 1 and write "under 18" in the employee's signature space.
• A parent or legal guardian must complete the "Preparer / Translator Certification" block.
• Write "Individuals under the age of 18" in the second section of List B. And
• The minor must present a list C document indicating employment permission. You need to record the necessary information in the appropriate space in section 2.
Implications of E - Verify: Employers of E-Verify may not accept "Individuals under the age of 18" as an alternative to List B, as they do not meet the photographic requirements of E-Verify.
3. Arrangement by nonprofit organization. Likewise, if a person with disabilities who is in a position as a part of a nonprofit organization, association, or rehabilitation program can not present a List A or Identity document in List B, fill in Form I - 9 Please as follows:
• A parent or guardian who is a representative of a nonprofit organization must fill in section 1 and fill in "special placement" in the space for employee's signature.
• An agent, parent or legal guardian must complete the "Preparer / Translator Certification" block.
• Write "special placement" in Section 2 of List B. Then,
• Employees with disabilities shall submit a list C document indicating employment authorization. Record the necessary information in the space of section 2.
Implications of E - Verify: Employers of E-Verify may not accept "special arrangements" as an alternative to List B, as they do not meet the requirements of E-Verify pictures.
Sensory, physical or linguistic barrier. If the employee does not fall under scenario 2 or 3 and can not complete I-9 due to vision impairment or other physical restrictions or language barriers, form 1 with the help of creator / interpreter with employee Signed it. Under these circumstances, the attestation of the Priority is not a substitute for the document in List B because the employee is not minor or has received special arrangement assistance.
5. Application law limiting employment. Finally, federal and state laws limit the age, time and occupation that minors may be hired. Therefore, consider discussing with experienced lawyers who are familiar with federal and state labor laws to determine what restrictions apply to your area or industry.
In these five special cases, we describe best practices to follow when employees who fall into such special circumstances join.
EmoticonEmoticon