Finally, the DACA guidance states that an employer that completes a new Form I-9 for an existing employee based on new DACA work authorization should re-verify the new information through E-Verify. This directly conflicts with the rules outlined in the E-Verify Memorandum of Understanding and the E-Verify User Manual for Employers. According to these policy documents, employers enrolled in E-Verify may only verify the I-9 information of newly hired employees.
The immigration bar has asked for clarification of these inconsistencies, which should be forthcoming soon. Until then, general counsel should make sure their companies follow the policies set forth in the Handbook for Employers (M-274), the USCIS website, I-9 Central and the E-Verify User Manual.
Elise A. Healy is board certified in immigration and naturalization law by the Texas Board of Legal Specialization and has practiced immigration law for over 20 years. She is a founding shareholder in Spencer Crain Cubbage & Healy in Dallas.