21 Jan

January 2021: DACA Employees Can Use Form I-765 and Their EAD for Form I-9

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Update Applicable to:
Any employers utilizing workers abroad who utilized Form I-765.

What happened?
The DHS has announced that employers may use unexpired Form I-765, Employment Authorization Documents to temporarily complete Form I-9s.

What are the details?
When completing Form I-9, employees may choose to present their unexpired Form I-765, Employment Authorization Document (EAD) with Category code of C33 that was issued on or after July 28, 2020, along with an I-797 Extension Notice issued by USCIS that shows a one-year extension of their deferred action and work authorization under Deferred Action for Childhood Arrivals (DACA). In Section 1, employees may enter the end validity date from the notice in the “Authorized to Work Until” field. If an employee presents this document combination, the employer must enter the end validity date from the employee’s notice in the Expiration Date field in Section 2. Enter “DACA Ext. in the Additional Information field.”

Employers may re-verify a current employee before reverification is required if they present this document combination to you. Enter the end validity date from their notice as the Expiration Date in Section 3. Enter DACA Ext. in the Additional Information field in Section 2.

The official announcement can be found here.

What do employers need to do?
An employer’s HR department should follow the above directions from the DHS when filing Form I-9s for the applicable employees.


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