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.