USCIS Issues New I-9 Guidance For Employees With DACA Work Authorization

In January 2021, United States Citizenship and Immigration Services (USCIS) issued new I-9 guidance regarding the completion of Form I-9 for certain employees working pursuant to the Deferred Action for Childhood Arrivals (DACA) Program. The new guidance specifically addresses the situation where an employee presents an unexpired 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 the DACA program.

Background

The DACA program was initially created in 2012 based on an executive order signed by President Obama. It provides temporary relief from deportation and work authorization to certain undocumented individuals who arrived in the U.S. as children.