USCIS Provides Guidance for Employers with DACA Beneficiaries

On Nov. 19, 2012, the U.S. Citizenship and Immigration Services (USCIS) division of the U.S. Department of Homeland Security (DHS) released guidance instructing employers on the proper way to complete the Employment Eligibility Verification Form, Form I-9, for new and existing employees who participate in the Deferred Action for Childhood Arrivals program, also known as “DACA.” The two-page guidance document addresses many questions from employers regarding the treatment of DACA beneficiaries with regard to completing Form I-9.  Perhaps the most beneficial information pertains to the treatment of existing employees.  For example, the document addresses when an employer should complete a new Form I-9 for existing employees, as well as when an employer should complete section three of Form I-9.  Section three is often a confusing section of the form for employers.  The guidance provides additional instructions for companies that use E-Verify. Implemented in August 2012, the DACA program allows certain undocumented immigrants who came into the U.S. before age sixteen to gain temporary relief from deportation and obtain work authorization.  The program is expected to benefit as many as 1.76 million unauthorized immigrants, of which 58 percent are currently working. The U.S. Citizenship and Immigration Services division of DHS has posted frequently asked questions about DACA on its website.  For additional information on immigration compliance for employers, visit AGC’s Labor & HR Topical Resources webpage.  The primary category is “Other Legal Issues” and the secondary category is “Immigration and Employment Eligibility.”