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Tuesday, November 27, 2012

Employers get I-9 Guidance for DACA Employees


 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previously completed Section 3, or if the version of the form the employer used for a previous veri­fication is no longer valid, the employer must complete Section 3 of a new Form I-9 using the most current version (2009) and attach it to the previously completed Form I-9.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