I-9. Or, when filling in the E-Verify form, one of the most misunderstood special circumstances for disabled or under 18 years of age. To ensure I-9 compliance and trouble-free E-Verify, you must follow five best practices when processing your employees:
1. There are no personal IDs because they are disabled or too young or
2. Ask your preparatory, parent or guardian for filling out the form.
Keep the following scenarios in mind when filling Form I-9 for this type of worker. Please note that exceptions to certain rules apply if the employee falls under E-Verify.
1. Lack of identity document. The United States Government acknowledged that persons aged 18 years or more could be in difficulties creating a B document that identifies identity as many of these persons are not entitled to a driving license and personal IDs issued by the state are restricted by a number of states Who are 18 years of age or older. As such, there are unique exceptions as to which documents the employer can accept from the minor under I-9. Instead of the usual documents on the AB list, one of the following special documents may be submitted to employees under the age of 18:
• School Record or Report Card
• Clinic, Doctor or Hospital Record
• Intraday or kindergarten record
E-Verify Implications: E-Verify Memorandum of Understanding (EU) – Make sure employers only accept list B that is in the photo. This order overwrites the above exceptions. Therefore, if the minor is unable to produce a standard B document, the E-Verify employer can only accept one of the three exceptional documents if there is a photo.
Parental or guardian's ID. Alternatively, the parent or guardian of a worker under 18 years of age instead of presenting any document in the list B or the document certifying the identity and labor rights on list A may be replaced by I-9. , Against the employee's identity. In that case, the worker must continue to issue a certificate of working conditions in the C list, such as an SSN card or an original or certified copy of the birth certificate. In such cases, fill out I-9 as follows:
• The parent or legal guardian must complete Section 1 and "Under 18 years of age" • The parent or lawful Caretakers must complete the "preparatory / translator qualification" block;
• A minor must present a list C showing his employment permit. Record the necessary information in the appropriate space in Chapter 2.
E-Verify Implications: E-Verify Employers can not accept "This does not meet the E-Verify photo requirement
Likewise, if a person with disabilities who works as a part of a nonprofit organization, association or rehabilitation program may not display the A List or Identity Document on List B, complete Form I -9 as follows:
• The nonprofit organization, the parent or guardian's representative must complete Section 1 and enter the "special placement" in the employee's signature place. The parent or guardian must complete the "
• Enter "Special Placement" in Section 2 under List B; and
• In the Expenditures A worker with a work permit must present a list C, which includes his employment permit. Enter the required information in the space in Section 2.
E-Verify Implications: E-Verify Employers can not accept "Special Placement" EA Photo Need Check
4. Sensory, Physical or Language Barriers . If the employee is not in Scenario 2 or 3, but unable to complete Form I-9 due to visual impairment or other physical restriction or even a language limit, Section 1 of the Form Pre-Developer / Compiler and The employee signs it with the preparation. In such circumstances, the preparatory certificate does not replace list B because the employee did not receive a small or special placement.
Applicable Laws to Restrict Employment Finally, federal and many state law limits the time, hours and occupation of minors. Therefore consider using an experienced lawyer who knows federal and state labor law laws to determine what restrictions apply to your area or industry.
These five special cases explain the best practices that you must adhere to whenever an Employee falls into these special circumstances
Source by Brian Fancher