Therefore, when a minor is unable to produce a standard List B form an E-verify employer can only accept a one of the three exception documents if it has a photograph.
=> Parent or guardian attestation. Alternatively, in lieu of presenting any papers for List B, or a papers that evidences both identity and work eligibility under List A, the employee under 18 years of age can have his or her parent or guardian full Section 1 of the Form I-9, vouching for the employee's identity. In this case, the employee must still produce a policy evidencing work eligibility under List C, such as a SSN card or on original or certified copy of a Birth Certificate. In these cases, complete the I-9 as follows:
* A parent or legal guardian must detailed Section 1 and publish "Individual under age 18" in the space for the employee's signature;
* The parent or legal guardian must broad the "Preparer/Translator Certification" block;
* put in writing "Individual under age 18" in Section 2, under List B; and
* The minor must present a List C policy showing his or her employment authorisation. You must record the required information in the appropriate space in Section 2.
E-affirm Implications: E-verify employers can not accept "Individual under age 18" as a List B substitute since it does not meet the E-affirm photo requirement.
=> Placement by a nonprofit organization. Similarly, if a person with a disability, who is placed in a job by a nonprofit organization, association, or as part of a rehabilitation plan, cannot present a List A papers or an identity certificate from List B, prepared Form I-9 as follows:
* A representative of the nonprofit organization, a parent or guardian must prepared Section 1 and compose "Special Placement" in the space for the employee's signature.
* The representative, parent or legal guardian must detailed the "Preparer/Translator Certification" block;
* compose "Special Placement" in Section 2, under List B; and,
* The employee with a disability must present a List C form showing his or her work authorization. Record the required information in the space in Section 2.
E-control Implications: E-affirm employers can not accept "Special Placement" as a List B substitute since it does not meet the E-verify photo requirement.
=> Sensory, physical or language barriers. If the employee does not fall under scenario 2 or 3, but is unable to broad the Form I-9 due to a sight impairment or other physical limitation-or even a language barrier-Section 1 of the form can be completed by a preparer/translator, and signed by the employee with the preparer's assistance. Under these circumstances, the preparer's attestation does not substitutes for a List B papers since the employee is not minor or receiving special placement assistance.
=> Applicable laws restricting employment. Finally, federal and many state laws restrict the ages, hours and occupations in which minors may be employed. Accordingly, consider consulting with an experienced attorney familiar with the Federal and State labor laws to determine what restrictions apply to your area or industry.
These five special cases explain the best practices you should pursue any time you are onboarding an employee who falls into these special circumstances.
=> Parent or guardian attestation. Alternatively, in lieu of presenting any papers for List B, or a papers that evidences both identity and work eligibility under List A, the employee under 18 years of age can have his or her parent or guardian full Section 1 of the Form I-9, vouching for the employee's identity. In this case, the employee must still produce a policy evidencing work eligibility under List C, such as a SSN card or on original or certified copy of a Birth Certificate. In these cases, complete the I-9 as follows:
* A parent or legal guardian must detailed Section 1 and publish "Individual under age 18" in the space for the employee's signature;
* The parent or legal guardian must broad the "Preparer/Translator Certification" block;
* put in writing "Individual under age 18" in Section 2, under List B; and
* The minor must present a List C policy showing his or her employment authorisation. You must record the required information in the appropriate space in Section 2.
E-affirm Implications: E-verify employers can not accept "Individual under age 18" as a List B substitute since it does not meet the E-affirm photo requirement.
=> Placement by a nonprofit organization. Similarly, if a person with a disability, who is placed in a job by a nonprofit organization, association, or as part of a rehabilitation plan, cannot present a List A papers or an identity certificate from List B, prepared Form I-9 as follows:
* A representative of the nonprofit organization, a parent or guardian must prepared Section 1 and compose "Special Placement" in the space for the employee's signature.
* The representative, parent or legal guardian must detailed the "Preparer/Translator Certification" block;
* compose "Special Placement" in Section 2, under List B; and,
* The employee with a disability must present a List C form showing his or her work authorization. Record the required information in the space in Section 2.
E-control Implications: E-affirm employers can not accept "Special Placement" as a List B substitute since it does not meet the E-verify photo requirement.
=> Sensory, physical or language barriers. If the employee does not fall under scenario 2 or 3, but is unable to broad the Form I-9 due to a sight impairment or other physical limitation-or even a language barrier-Section 1 of the form can be completed by a preparer/translator, and signed by the employee with the preparer's assistance. Under these circumstances, the preparer's attestation does not substitutes for a List B papers since the employee is not minor or receiving special placement assistance.
=> Applicable laws restricting employment. Finally, federal and many state laws restrict the ages, hours and occupations in which minors may be employed. Accordingly, consider consulting with an experienced attorney familiar with the Federal and State labor laws to determine what restrictions apply to your area or industry.
These five special cases explain the best practices you should pursue any time you are onboarding an employee who falls into these special circumstances.
Slowly but surely, E-affirm is becoming the not-so-voluntary system of choice for verifying new hires' eligibility to work in the United States. Is eVerify Worth Getting?, Buy eVerify, Is eVerify a Good Product?