Form I-9 for minors: which documents work, the parent procedure, and the E-Verify catch

A worker under 18 completes Form I-9 the same way as anyone else: Section 1 by the first day of work, and an acceptable List A document or a List B and List C combination within three business days. Two things are different. Minors have extra List B options that adults do not, such as a report card, and if a minor has no List B document at all, a parent or guardian can establish identity for them. Both shortcuts disappear if the employer uses E-Verify, which is where most summer-hiring problems start.

The standard path still applies

Most teenagers complete Form I-9 with ordinary documents. Common combinations include:

• a U.S. passport or passport card (List A, nothing else needed);
• a state driver's license or ID card (List B) plus a Social Security card or birth certificate (List C);
• a school ID card with a photograph (List B) plus a Social Security card or birth certificate (List C).

As with any employee, the minor chooses which acceptable documents to present. You can tell a new hire and their family what the Lists of Acceptable Documents are, and that originals are needed, but you cannot tell them to bring a specific document. See I-9 List A, B and C documents for the full lists and the limits on what you may ask for.

The List B documents only minors can use

The Lists of Acceptable Documents include three identity documents reserved for people under 18 who cannot present any of the standard List B documents:

• a school record or report card;
• a clinic, doctor or hospital record;
• a day-care or nursery school record.

Each still has to be paired with a List C document that shows employment authorization, such as an unrestricted Social Security card or a birth certificate issued by a state, county, municipal authority or U.S. territory with an official seal. Record the List B document in Section 2 as you would any other: title, issuing authority, number if there is one, and expiration date if there is one.

When there is no List B document: the parent or guardian procedure

If a minor cannot present any List B identity document, including the minor-only ones above, USCIS lets a parent or legal guardian establish identity instead. The steps in Handbook Section 4.2 are:

1. The parent or legal guardian completes Section 1 for the minor.
2. In the employee signature field, they write "Individual under age 18."
3. They complete the preparer and/or translator certification on Supplement A.
4. In Section 2, the employer writes "Individual under age 18" in the List B column.
5. Under List C, the employer records the minor's List C document: title, issuing authority, number and expiration date, if any.
6. The employer enters the first day of employment and signs and dates Section 2 with its name, title and business address.

The parent or guardian has to be part of the process in practice, so plan for it. If you hire a group of teenagers for a season, a short note before the first day explaining that a parent may need to come in, or be available, if the teen has no identity document saves a scramble on day three. A similar procedure, using "Special Placement," exists for some employees with disabilities placed through a nonprofit organization or rehabilitation program; Form I-9 Section 1 instructions touches on both.

The E-Verify catch

E-Verify changes two of the rules above, and employers who use it voluntarily or because state law requires it often find out during their first summer of teen hiring.

• No parent or guardian procedure. USCIS says that if you participate in E-Verify, parents or legal guardians cannot establish identity for a minor. The minor must present a List A document, or a List B document with a photograph plus a List C document.
• No List B document without a photo. E-Verify's own guidance is that E-Verify employers may only accept List B identity documents that contain a photograph, "including documents presented by minors." That rules out the report card, the clinic record and the day-care record.
• A Social Security number is required. E-Verify needs the SSN to create a case, so a minor hired by an E-Verify employer must provide it in Section 1. If the minor has applied for a number but not yet received it, the E-Verify User Manual says to let them keep working and create the case as soon as the number is available, noting the reason for the delay.

A school ID card with a photograph is the document that most often solves this. It is a standard List B document, it has a photo, and many students already have one. You can describe the photo requirement to a new hire, since E-Verify allows employers to specify that any List B document presented must have a photo, but you still cannot ask for a school ID in particular. If a minor presents a U.S. passport or passport card, E-Verify's photo matching step applies; see E-Verify photo matching.

What is not an I-9 document

A state work permit can still be required under that state's child labor law. Keep it separate from the Form I-9, in whatever file your state requires, and do not record it in Section 2.

Timing for short summer jobs

The usual deadline is that Section 2 must be completed within three business days of the first day of employment. If you hire someone for less than three business days, as with a single weekend event, USCIS says Section 2 must be completed no later than the first day of employment, and receipts cannot be accepted for jobs that short. Section 1 can be completed before the first day only after the minor has accepted the offer; see Form I-9 timing in hiring for the full timeline.

A worked example

The scenario is illustrative. A pool operator hires three 16-year-old lifeguards for the summer and does not use E-Verify.

• Lifeguard A presents a U.S. passport card. That is a List A document; Section 2 is complete with that alone.
• Lifeguard B presents a report card from her high school and a Social Security card. The report card is a minor-only List B document and the card is List C, so this is acceptable.
• Lifeguard C has no identity document and presents only a birth certificate. His mother completes Section 1, writes "Individual under age 18" in the signature field and completes Supplement A. The employer writes "Individual under age 18" under List B and records the birth certificate under List C.

Now suppose the same pool is in a state that requires E-Verify. Lifeguard A is fine. Lifeguard B's report card no longer works, because it has no photo; she needs a photo List B document such as a school ID or a state ID card, or a List A document. Lifeguard C cannot use the parent procedure at all and needs a List A document or a photo List B document plus a List C document. In both cases the employer can explain the photo rule but cannot choose the document for them. See E-Verify requirements by state if you are not sure whether the rule applies to you.

A checklist for hiring minors

• Confirm whether you participate in E-Verify at each hiring site before the season starts.
• Send new hires the Lists of Acceptable Documents with their offer acceptance, not a list of what to bring.
• If you use E-Verify, explain that any List B document must have a photo and that the SSN is required.
• If you do not use E-Verify, have Supplement A ready for parent or guardian completions.
• Keep state work permits out of Section 2 and out of the Form I-9 file unless your state says otherwise.
• Apply the same document procedure to every minor you hire, regardless of citizenship status or national origin.