The USCIS has provided I-9
Guidance to employers of DACA applicants in an Adobe document which is
found on the Employer
Publications section of the Miller
Law Offices website.
On June 15, 2012, the Secretary of Homeland Security
announced that the administration was offering Deferred Action for Childhood
Arrivals (DACA) who are eligible to apply for work authorization. Applicants
who are granted work authorization are issued an Employment Authorization
Document (EAD), Form I-766. The version
of the EAD I-766 that is issued to DACA applicants has three (3) lines of
machine-readable code on its back, rather than a bar code found on previous
card versions.
The EAD is an I-9 list A document which establishes
both identity and employment authorization for a specific period of time, found
on the front of the card. The employer must then reverify employment
authorization on or before the expiration date of the EAD on the form I-9’s
Section 3.
If the employer previously completed Section 3, or
if the version of the form the employer used for a previous verification is no
longer valid, the employer must complete Section 3 of a new Form I-9 using the
most current version (2009) and attach it to the previously completed Form I-9.
Charles Miller
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