USCIS shared details around completing Form I-9 for employees with extended work authorization under Deferred Action for Childhood Arrivals.
DACA Form I-9 Extended Work Authorization
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."
Form I-9 Reverification Challenges:
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:
Understanding which documents need to be reverified and when
Keeping current on which employees’ documents are about to expire
Sending reminders to employees that they will need to provide updated documents for their work authorization