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I-9 E-Verify Immigration Compliance

DREAMers and I-9 Compliance

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What impact will President Obama's decision to grant deferred status to so-called DREAMers have on employers?  Since the DREAMers will be receiving employment authorization documents (EADs), employers will see more employees providing EADs for their I-9 documentation.


For some employers, the EAD may be a document that they rarely see.  The four largest groups who receive an EAD are individuals on TPS, with OPT status, asylees (for first year of asylum), and individuals who have pending adjustment of status cases.  Thus, it is important to remember several things about an EAD.


First, it is a List A document, if it has a photograph on it. Thus, one should not ask for a driver's license or Social Security card to accompany the EAD card.  Second, in Section 1, the employee must list their A number and expiration date of the EAD next to the box for "Alien authorized to work."  Third, EADs expire within two years of the issuance.  Thus, employers should have a tickler system to remind employees, at least 90 days before an EAD's expiration, of their need to renew their work authorization or provide other documentation concerning their work authorization. (Remember, employees who received EADs during their adjustment of status process will likely have a permanent resident card and can provide that or a driver's license and social security card or other appropriate documentation.)


Hopefully, these reminders will assist you in your I-9 compliance as you see an uptick in EADs presented for I-9 purposes.

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