Contributed by Sara Zorich
On June 15, 2012 we reported that Secretary of Homeland Security Janet Napolitano announced that certain people who came to the United States as children and who meet certain criteria would be eligible for consideration of Deferred Action on a case-by-case basis. Deferred Action is defined as a discretionary determination to defer removal of an individual as an act of prosecutorial discretion. If a person is granted Deferred Action, they can apply for an Employment Authorization Document allowing them to legally work in the United States.
On August 14, 2012 U.S. Citizenship and Immigration Services (USCIS) announced that it was releasing the forms an individual needed to complete in order to apply for deferred status and employment authorization. These forms include Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization) and an I-765 WS Worksheet. On August 15, 2012, USCIS began accepting these forms and will begin processing these forms.
Employers should be aware that an employee may come to them and present a new Employment Authorization Document (EAD) the employee received based on the employee’s acceptance by USCIS for Deferred Action. The employee may admit to the employer that the employee previously submitted false documentation to support the I-9 form and his/her eligibility to work in the United States. Employers should consult with counsel before taking any adverse action against any employee presenting a new EAD obtained through the Deferred Action process.