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Kaizen401k

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  1. There are people from that country who are both legal and other. The country they're from is irrelevant, whether they are legally authorized to work is relevant. Age is not a factor as long as they're over 18, anyone who is other than legal obviously can't vote so I don't get why your'e bringing that up? You've done nothing but criticize when all I've asked for is a better definition of how to exclude employees with invalid SSNs without using those exact words. Can you help with that instead of claiming I'm discriminating against immigrants? Immigrants made this country great and will continue to do so. I simply want a way to help my client protect themselves from complexities arising from someone who could disappear at any time enrolling in the 401k. Thank you GMK and Mojo. I believe you've answered the question and I have everything I need to make the amendment. I sincerely appreciate your help.
  2. It sounds like you've never been to either. Good for you and your health. They hire people who are not authorized to work in USA, which is illegal.
  3. OASDI taxes are paid by all employees. Nobody who would be excluded by the new amendment has any funds withheld or contributed on behalf them. This is a proactive measure so it doesn't become a problem in the future. How do places like McDonalds and Jack-In-the-Box take care of this?
  4. National origin does not matter as long as they are also a national/citizen of the USA. How about: "Exclude any employees who have not have a valid SSN or green card in the past year" OR "Exclude any illegal aliens." That is simple and exactly what they want to do but it makes obvious certain things. My main question is-is there a different wording that can be used for that?
  5. I'm referring to Resident Aliens under the IRS definition, which simply means they've been here over a year and have some US income. This is not about nationality as there are employees on both the Resident Alien and Citizen side of this that are of the same nationality. Mojo is on point but I'm surprised nobody has tried to answer the question. How does this definition sound? "Exclude any employee who is not a citizen or national of the United States." By citizen or national, I mean a legally recognized subject or national of the United States owing permanent allegiance to the United States. Because if they have a valid SSN, they would have to be a citizen or national. Is this correct? Thank you.
  6. I was advised by a legal professional that one could exclude resident aliens but there needs to be a more specific definition of resident alien.
  7. Hello, A client of mine wants to set up a clause to exclude employees with invalid SSNs and only allow for valid SSN employees and count this as the definition for resident aliens, how could this be better worded so it doesn't make obvious the possibility of invalid SSN employees working? Some ideas I've come up with are that don't satisfy the latter requirement are: Only allow for employees legally residing in USA. Exclude employees who use ITINs to file taxes. Exclude employees without valid SSNs. Only allow employees with valid SSNs. Thank you for any ideas.
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