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USCIS Issues New Guidance on Work Authorization and I-9 Processing for Deferred Action Recipients

On June 15, 2012, the Department of Homeland Security announced the Deferred Action for Child Arrivals program (DACA). The program permits individuals who came to the U.S. as youth and who meet certain requirements to remain in the U.S. and to work, despite their undocumented status. The U.S. Citizenship and Immigration Service (USCIS) has now begun issuing Employment Authorization Documents (EADs) to participants in the DACA program. Therefore, on November 19, 2012, USCIS issued an important document providing guidance to employers on the treatment of such EADs and the processing of Forms I-9 in these cases. (EADs issued to DACA participants can be identified by the category shown on the card: "C-33".) The new USCIS document provides specific guidance regarding both new employees and existing employees, summarized below. More ›