By Jason Fry
On January 4, U.S. Citizenship and Immigration Services (USCIS) shared details around completing Form I-9 for employees with extended work authorization under Deferred Action for Childhood Arrivals (DACA). According to the USCIS news release:
"When completing Form I-9, employees may choose to present their unexpired Form I-766, Employment Authorization Document (EAD) with Category code of C33 that was issued on or after July 28, 2020, along with an I-797 Extension Notice issued by USCIS that shows a one-year extension of their deferred action and work authorization under Deferred Action for Childhood Arrivals (DACA). In Section 1, employees may enter the end validity date from the notice in the “Authorized to Work Until” field.
If your employee presents this document combination, you must enter the end validity date from their notice in the Expiration Date field in Section 2. Enter DACA Ext. in the Additional Information field.
You may reverify a current employee before reverification is required if they present this document combination to you. Enter the end validity date from their notice as the Expiration Date in Section 3. Enter DACA Ext. in the Additional Information field in Section 2."
Employers know that Form I-9 responsibilities extend well beyond onboarding. One area is making sure an employee’s work authorization stays current. This can present some challenges including:
Our team covers the ins and outs of Form I-9 reverification in an episode of The Workforce Wise Podcast, I-9 Reverification: How to Help Stay Compliant. We know reverification is a critical piece of any I-9 compliance program. In this episode, we explain the basics, offer some best practices and discuss how technology can help ease the burden of compliance.
The information provided herein is intended as general guidance and is not intended to convey specific legal advice.