The Employment Authorization Document

Robin Noah

The year of 2012 brought many changes to labor laws and other regulations that greatly affected employers. In the immigration category a new law was introduced – the Deferred Action for Childhood Arrivals. Following is an overview of the program.

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and are able to meet several key guidelines may request consideration of Deferred Action for Childhood Arrivals and that they are eligible to apply for work authorization. Individuals whose cases are deferred and who are granted work authorization will be issued an Employment Authorization Document (EAD).

Currently all U.S. employers must complete and retain a Form I-9, Employment Eligibility Verification, for each individual they hire for employment in the United States after November 6, 1986. This includes citizens and noncitizens. Employers must have a properly completed Form I-9 on file for every employee hired.

Specific guidance to employers on the treatment of EADs was issued by USCIS (U S Citizenship and Immigration Services) to deferred action recipients and how employers should process Form I-9 in these cases.

When the validity period of an employee’s Employment Authorization Document expires, the employer must reverify using Section 3 of the Form I-9 to ensure that the employee is still authorized to work.

An employer receiving updated documentation from an employee should review the employee’s previously completed Form I-9 and determine whether they need to complete a new Form I-9.

Deferred action recipients who are currently working may provide updated documentation to their employers. An employer receiving updated documentation from an employee should review the employee’s previously completed Form I-9 and determine whether to complete a new Form I-9 or only to complete a section of the previously completed Form I-9.

It is recommended that you Contact USCIS at 1-888-464-4218 or send an email at e-verify@dhs.gov. E-Verify website: www.uscis.gov/e-verify. Also visit I-9 Central website at: www.uscis.gov/i-9central.

For additional information about deferred action contact – USCIS National Customer Service Center at 1-800-375-5273 or visit the USCIS website at www.uscis.gov/childhoodarrivals .

Author:  Robin Noah, Executive Coaches of Orange County, www.ECofOC.org