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.
Bruce E. Buchanan is an attorney at the at Nashville Office of Siskind Susser, P.C. He represents individuals and employers in all aspects of immigration law, with an emphasis on immigration compliance for employers, and employment/labor law. Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982 and a B.S. degree from Florida State University, where he graduated magna cum laude. Mr. Buchanan has been in private practice since 2003. Beforehand, he served as Senior Trial Specialist for the National Labor Relations Board for 20 years. He also served from 1991 to 2003 as Adjunct Professor at William H. Bowen UALR School of Law, where he taught courses in Labor Law and Employment Law. Mr. Buchanan was chair of the Tennessee Bar Association's Immigration Law Section from 2011 to 2012 and has been the editor of the TBA's Immigration Law Section Newsletter and the TBA's Labor and Employment Law Section Newsletter since 2009. Mr. Buchanan is a frequent writer and speaker on immigration compliance as well as labor law, wage & hour law and proposed federal legislation. He is a member of American Immigration Lawyers Association (AILA) and serves as the Advocacy Liaison of the Mid-South Chapter of AILA. Mr. Buchanan also serves on the Board of Directors for the Nashville International Center for Empowerment (NICE) and is an associate member of the Mid-Tennessee Chapter of the Associated Builders & Contractors. Mr. Buchanan is admitted to practice in Tennessee, Florida, and Arkansas, before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits and the U.S. District Courts for the Middle District of Tennessee and the Eastern and Western Districts of Arkansas.