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April 19, 2014

USCIS Issues New Guidance for Form I-9 and E-Verify Procedures Under DACA

Responding to corporate concerns about the introduction of the federal government’s Deferred Action for Childhood Arrivals Program (DACA), the USCIS has released updated guidance to assist employers with implementing compliant Form I-9 and E-Verify procedures for DACA-eligible employees.

According to the new rules, the Form I-9 process for newly hired employees with DACA status is substantively similar to non-DACA scenarios. However, the steps advised for bringing existing employees into Form I-9 and E-Verify compliance are notably different from previously issued guidance, including the choice of completing a new Form I-9 for employees whose Section 1 identity information has changed and re-processing these individuals in E-Verify despite the lack of a rehire.

This apparent shift in guidance underscores the challenge DACA poses to employers and the federal government alike, as adapting immigration compliance standards may run the risk of creating DACA-specific rules that trigger business concern about possible claims of discrimination. For a complete version of USCIS’ new guidance about Form I-9 and E-Verify procedures under DACA, please click here.

©2014 Greenberg Traurig, LLP. All rights reserved.

About the Author

Associate

Nataliya Binshteyn focuses her practice on global business immigration matters. Her experience includes representing political asylum applicants in immigration proceedings before Asylum Officers and Immigration Judges. Nataliya has experience conducting client interviews, researching country conditions and applicable laws, and soliciting expert testimony as well as drafting affidavits and immigration documents for filing with U.S. Citizenship and Immigration Services.

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