FELS.net - Employers Guidance Under DACA

Employer's Guidance under DACA

The U.S. Citizenship and Immigration Services (USCIS) began accepting requests, effective August 15, 2012, for consideration of Deferred Action for Childhood Arrivals.

As a result USCIS has begun to issue Employment Authorization Documents (EAD) to eligible aliens under the DACA program and employers may begin having employees wanting to change their employment identity. USCIS has published a guide for employers titled "Consideration of Deferred Action for Childhood Arrivals: Guidance for Employers." The publication gives employers guidance when a current employee presents a new identity and how to process a Form I-9 in such situations.

Click here for this USCIS guidance publication. See also Deferred Action Implications for Employers, a FELS Newsletter article on the subject of dealing with DACA as an employer.

USCIS has made the forms necessary to apply for Deferred Action and an EAD available. Click here for:
Consideration of Deferred Action for Childhood Arrivals: Guidance for Employers
Deferred Action Implications for Employers
Form I-821D
Form I-821D Instructions
USCIS Deferred Action Brouchure
Additional links and FAQ's

A representative of USCIS noted that information of applicants and, significantly, their families will not be shared with Immigration and Customs Enforcement (ICE) for immigration enforcement purposes. USCIS also expressed concern over applicants documenting past or current education, noting that educational institutions must be recognized and accredited by a state or federal government or both, likely receiving funding from public sources.

USCIS advised those with final orders of deportation on what they should do - apply for Deferred Action through USCIS then go to the Office of the Chief Counsel and seek to reopen the removal matter.

Eligible individuals may receive the benefit of "deferred action" for two years and a work permit. To be eligible for deferred action, an individual must demonstrate that he or she:
1) Was under 31 years of age as of the June 15, 2012;
2) Entered the United States without inspection before June 15, 2012, or your legal status expired before June 15, 2012 (e.g. tourist visa expired).
3) Entered the United States under the age of sixteen years;
4) Has resided continuously in the United States for at least five years from June 15, 2007 to present;
5) Was physically present in the United States on June 15, 2012. In addition, the person must be physically in the United States when the petition for deferred action is submitted.
6) Currently enrolled in school, has graduated from high-school or obtained a GED,
or was honorably discharged in the Armed Forces or U.S. Coast Guard, and
7) Not have been convicted of a significant crime, multiple offenses, or represent in any way a threat to the community or national security.

It is important to know that the government will begin accepting applications for deferred action on August 15, 2012. Accordingly, eligible individuals should begin gathering evidence that will be needed to apply for deferred action, such as:
1) Biographic documents, such as a birth certificate, passport, and similar identification
to prove being under 31 years of age as of June 15, 2012;
2) Financial, tax, bank, medical, school, employment, and military records to establish
entry into the U.S. before the age of 16 and presence in the US for at least five years
before June 15, 2012.
3) Documents showing physical presence in the U.S. on June 15, 2012; and
4) School documents, including diplomas, certificates, GED, report cards, and other
evidence of registration, or documentation as a veteran discharged honorably in the
Armed Forces or U.S. Coast Guard.

IMPORTANT NOTICE:
Children under 15 years of age cannot petition for deferred action unless they have been in deportation proceedings, now or in the past. However, assuming individuals meet all the criteria, the government has stated that a prior deportation order or current involvement in deportation proceedings does not bar an applicant from seeking deferred action.

Residents of Arizona and California will file to Phoenix at:

U.S. Postal Service
USCIS
P.O.Box 20700
Phoenix, Ariz. 85036-0700

USPS Express Mail/Courier
USCIS
Attn: DACA
1820 E. Skyharbor Circle S,
Suite 100
Phoenix, AZ. 85034

Residents of Oregon and Washington will file at:

U.S. Postal Service
USCIS
P. O. Box 5757
Chicago, IL 60680-5757

U.S.P.S. Express Mail/Courier
USCIS
Attn: DACA
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Other useful links:

Frequently Asked Questions

(Source: USCIS and Deason Law, PC at 713.975.7301- website: www.deason-law.com.)