How to Complete Form I-9 for Employees with DACA Extended Work Authorization

By: Lana Morgan

United States Citizenship and Immigration Services (USCIS) has issued guidance for completing Form I-9 for employees that have extended work authorization under the Deferred Action for Childhood Arrivals (DACA) program.

Employees should present their unexpired Form I-766, Employment Authorization Document (EAD) (Category Code C33), issued on or after July 28, 2020 to verify their employment eligibility. Additionally, these employees should present an I-797 Extension Notice that shows a one-year extension of their work authorization and deferred action under DACA.

completing form i-9 for daca extensions

Employers should enter the end validity date listed on Form I-797 under the “Authorized to Work Until” field in Section 1 on the I-9. Under the Additional Information field, employers should enter “DACA Ext.”

Employers can reverify an employee in advance using Forms I-766 and I-797. These employers should enter the I-797 notice’s end validity date as the Expiration Date in Section 3 of Form I-9. They should enter “DACA Ext.” in Section 2 under the Additional Information field.

Employers who are working remotely due to the COVID-19 pandemic may temporarily review employee eligibility documentation remotely when completing Form I-9.

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For help complying with US immigration law and other case-specific questions, please contact your trusted Chugh, LLP attorney.