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U.S. Citizenship and Immigration Services (USCIS) recently released I-9 instructions to employers regarding how to fill out the I-9 form for new and existing Deferred Action for Childhood Arrival (DACA) employees. To download the document, click here. A pdf copy of the instructions is also available on the CS website in the “Resources” section.

The DACA initiative offers a two year grant of reprieve from deportation, as well as work authorization for unauthorized immigrants who were under age 31 as of June 15, 2012, and who can demonstrate they meet the following criteria:

• Entered the United States before the age of 16;
• Have continuously resided in the United States since June 15, 2007 and up to the present time, and were physically present on June 15, 2012 and at the time of application;
• Are currently in school, have graduated from high school or earned a GED, or are honorably discharged veterans of the US armed forces (including the Coast Guard);
• Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors; or otherwise pose a threat to public safety or national security;
• Entered the country illegally or overstayed their visa prior to June 15, 2012.

Employers should print out the instructions and keep them for reference and attach them to either I-9 re-verifications or new I-9 forms (whichever is appropriate based upon the instructions) for existing DACA employees.