Author: Melissa A. Silver, XpertHR Legal Editor
United States Citizenship and Immigration Services (USCIS) recently released much anticipated guidance for employers on how to comply with the Form I-9 process for deferred action recipients, which are individuals who were brought into the US as children and who have met certain criteria and have obtained relief from removal from the US or from entering into removal proceedings. In particular, the fact sheet identifies an employer's obligations during the Form I-9 process in order to verify those individuals' authorization to work in the US. Before now there was little to no guidance for employers on verifying deferred action recipients eligibility to work.
The fact sheet not only details the Form I-9 process for newly hired employees who are deferred action recipients, but also sets forth the process employers must follow when verifying existing employees. In particular, it provides guidelines for employers on when they should complete a new Form I-9 for existing employees versus when to complete section three of the previously completed Form I-9. The fact sheet also discusses what documentation establishes a deferred action recipient's identity and employment authorization.
USCIS also reminds employers in the fact sheet that they are prohibited from discriminating against work authorized individuals based on their national origin, citizenship or immigration status during the Form I-9 process.
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