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Five Tips for Completing Forms I-9 and E-Verify When Hiring Minors or Persons with Disabilities

When completing Form I-9 or E-Verify, one of the most misunderstood special circumstances employers face is what to do with employees who are disabled or under the age of 18. E-Verify, here are five best practices to follow when processing employees who:

1. lack certain identity documents because they are disabled or too young, or

2. require the assistance of a preparer, parent or guardian to complete the form.

Consider the following scenarios when completing I-9 forms for these types of hires. Also note that there are exceptions to some of these rules if the employee will be subject to E-Verify.

1. Lack of Identity Document. The US government has recognized that individuals under the age of 18 may have difficulty producing a List B document that establishes identity, as many such individuals are not eligible for a driver’s license, and many states restrict state-issued identification cards to people who are 18 years of age or older. As such, there are unique exceptions to what documents an employer of a minor may accept to complete Section 2 of Form I-9. Specifically, instead of one of the usual documents on List B, employees under the age of 18 may present one of the following special documents:

• School record or report card

• Clinical, medical or hospital record

• Nursery or nursery registration

Implications of E-Verify: Per the E-Verify Memorandum of Understanding (MOU), E-Verify employers can only accept a List B document that has a photograph. This command replaces the previous exceptions. Therefore, when a minor cannot produce a standard List B document, an E-Verify employer can only accept one of the three exception documents if she has a photograph.

2. Certificate of parent or guardian. Alternatively, instead of presenting any document for List B, or a document that demonstrates both identity and eligibility for employment under List A, the employee under the age of 18 may have his or her parent or guardian complete Section 1 of the Form I-9. , attesting to the identity of the employee. In this case, the employee must still present a document showing employment eligibility under List C, such as an SSN card or the original or certified copy of a birth certificate. In these cases, complete the I-9 as follows:

• A parent or legal guardian must complete Section 1 and write “Person under 18 years of age” in the space for the employee’s signature;

• The parent or legal guardian must complete the “Certification of Preparer/Translator” block;

• Write “Individual under 18 years of age” in Section 2, in List B; Y

• The minor must present a document from List C that proves their employment authorization. You must record the required information in the appropriate space in Section 2.

Implications of E-Verify: E-Verify employers cannot accept “Individual Under 18” as a List B substitute, as it does not meet E-Verify’s photo requirement.

3. Placement by a nonprofit organization. Similarly, if a person with a disability, who is placed in a job by a non-profit organization, association, or as part of a rehabilitation program, is unable to present a List A document or identification document from List B, complete Form I-9 as follows:

• A representative of the nonprofit organization, a parent or guardian must complete Section 1 and write “Special Placement” in the space for the employee’s signature.

• The representative, parent or legal guardian must complete the “Certification of Preparer/Translator” block;

• Write “Special Placement” in Section 2, on List B; Y,

• The employee with a disability must present a document from List C that demonstrates his or her employment authorization. Record the required information in the space provided in Section 2.

Implications of E-Verify: E-Verify employers may not accept “Special Placement” as a substitute for List B, as it does not meet the E-Verify photo requirement.

4. Sensory, physical or language barriers. If the employee is not in stage 2 or 3, but is unable to complete Form I-9 due to a visual 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 help of the preparer. In these circumstances, the preparer’s certification is not a substitute for a List B document because the employee is not a minor or receiving special placement assistance.

5. 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 who is familiar with federal and state employment laws to determine what restrictions apply to your area or industry.

These five special cases explain the best practices you should follow whenever you hire an employee in these special circumstances.