Student Employment with DACA

Student Employment with DACA

Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is an administrative policy that will allow eligible undocumented students to receive a two-year deferment of their deportation and work authorization. To view the DACA request forms and find out more information, please visit U.S. Citizenship and Immigration Services’ website:

Your DACA will provide an Employment Authorization Document (EAD) and the ability to apply to a Social Security card. This is what you will use to apply to internships or jobs.

Eligibility

  • Be 15 or older. Students can request Deferred Action before the age of 15 if they are in removal proceedings.
  • Student has resided in the U.S. for at least 5 years prior to June 15th, 2012.
  • Student arrived at the U.S. before the age of 16
  • Student has been present in the U.S. on June 15th 2012 and has not left since that date, not even for a visit abroad.
  • Student is either currently in school, have graduated from high school, have obtained a GED certificate
  • Student has not been convicted of a felony offense, a significant misdemeanor offenses, or pose a threat to national security or public safety
  • Be under the age of 31 as of June 15, 2012

Process of Employment

Most employment will have an application process. The application process can be an actual application, or submitting a resume and cover letter (also known as letter of intent). After applying, going through an interview, and qualifying for a position students will need to file a few forms (depending on employer).

Below are some questions that you may have when applying for employment:

  1. What is Form I-9?

The Immigration Reform and Control Act of 1986(IRCA) requires employers that all newly hired employees present ‘facially valid” documentation verifying the employee’s identity and right to work in the United States. All new hired employees must complete an I-9 form. Employers then show the completed forms to enforcement officials from the U.S. Department of Homeland Security if asked for them.

You can find the form and instructions at:

  1. Is a driver license and/or social security number required for work?

No, the work permit is enough identification to prove ones identity and employment authorization in the U.S. Having a driver’s license or state ID, and a social security number can be helpful for obtaining a loan and taxes.

  1. What is E-Verify?

E-Verify is an internet-based system used by some employers, the system uses I-9 information to determine that the employees have permission to work. The use of E-Verify by an employer could be considered discriminatory if it is used to check some (but not all) employees.

  1. Do I inform my employer about DACA?

No, the employer only needs to know that the employee has an employment authorization card (work permit). An employer does not need to know about how or why you received one. The work permit gives you the right to work.

  1. Should I carry my EAD Card at all times?

No, only carry card when applying to a job. Prevent the risk of losing the card and having to buy a new one by not carrying it everywhere.

Example of card:

Things to remember

  • DACA is not a visa or a legal status
  • DACA does grant citizenship or any sort of legal status
  • If DACA request is rejected, you may be placed in removal proceedings
  • DACA does not have an appeal process for a rejected request, an applicant may be able to file a new request.
  • Having DACA does not guarantee a student to obtain a driver’s license (varies by state).

Rights with DACA

  • DACA recipients cannot be asked for more or different work authorization documents than what is already permitted by form I-9. Students must remember that an employer cannot reject work authorization documents because of your citizenship status or national origin.

Leadership Without Borders Center | (206) 221-5975