Employer Guidance for Employees Granted Deferred Action

posted Nov 19, 2012, 10:25 AM by Michael Vosilla

All employers must complete and retain a Form I-9, Employment Eligibility Verification for each employee that they hire.  USCIS has recently release a Fact Sheet which provides specific guidance to employers on the treatment of Employment Authorization Documents (EAD’s) issued by USCIS to deferred action recipients and how employers should process Form I-9 in these cases.

EAD’s issued to recipients of deferred action under the new program implemented by President Obama will have “C-33” notated as the Category on the EAD.  The EAD will also list a person’s name, date of birth, country of birth and expiration date along with a picture of the deferred action recipient.
Employers must be ensure that the properly complete and retain Form I-9.  Employers who fail to properly comply with the Form I-9 requirements can face hefty fines.  ICE routinely conducts I-9 workplace audits if there is a suspicion of unauthorized employment   To avoid any potential I-9 violations and/or fines, employers should contact one of our experienced I-9 compliance attorneys to conduct an audit of your current employment practices.
Further, employees, or potential employees, who have been granted deferred action and are experiencing difficulties related to employment authorization should contact our experienced I-9 compliance attorneys to assist with the process.