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We can … Prepared by Asian Americans Advancing Justice – Asian Law Caucus, ASPIRE, National Immigration Law Center, and United We Dream. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. This will result in only a temporary interruption in your ability to work, though. However, there is going to be another entity affected: employers of those individuals.170+ Live Online and In-Person Offerings.You have successfully saved this page as a bookmark.Please purchase a SHRM membership before saving bookmarks.Some employers may ask, "Why can't I just discharge DACA recipients now?" Congress may soon pass the Dream Act or some other legislation that will provide for lawful employment for DACA recipients; if this happens, employers won't have to face the issue. Find news & resources on specialized workplace topics. Then, somewhere amongst his patriotic speech, he bashed on DACA recipients and how we are worthless. If you leave the savings in your employer-sponsored account, the account will continue to accrue interest but no additional contributions will be made by your employer. For DACA, the code is C33.As a hypothetical example: DACA employee Jose has an EAD that expires on March 4, 2018. Although no renewable EADs will be issued after March 5, 2018, this doesn't mean all DACA recipients will be ineligible to work after that date.Not only do organizations need to be concerned about the loss of valuable employees, but they also need to stay in compliance with immigration laws. Thus, when a DACA recipient's Employment Authorization Document (EAD) expires, the employer will need to discharge the worker, unless he or she has found another way to obtain work authorization, which would be very unlikely.A Better Digital Solution for Hiring Workers in a Remote World In order to avoid these penalties, you can open your own retirement account such as an Individual Retirement Account (“IRA”) and “roll over” the money from your employer-sponsored account to your personal account.Necessary cookies are absolutely essential for the website to function properly. Please log in as a SHRM member.SHRM’s HR Vendor Directory contains over 10,000 companiesYou can tell if an employee's EAD is through DACA by checking the code on the front of the EAD card. Applicants now have the option to test from home.Please log in as a SHRM member before saving bookmarks.You have successfully removed bookmark.Your session has expired. It amazes me how he was thanking me for doing such a good job while at the same time he was discrediting the hard work WE put into his country. Employees cannot legally work without proof of their identity and work authorization. USCIS Issues I-9 Guidance for Employers of DACA Recipients United States. We know many employers around the country were confused or concerned regarding hiring young immigrants who applied for the Deferred Action for Childhood Arrivals (DACA) after President Obama issued his executive action in June 2012. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. Let's be honest. Generally, you are not responsible for an employer’s failure to report or pay required employer-side payroll taxes.
Any vested portions of an employer-sponsored retirement account will remain yours after your employment ends. It is merely informational. However, you may go through a gap in your authorization to work because you cannot get an automatic EAD extension based on your DACA renewal application. I had a similar question a couple weeks ago. But you should consult a qualified immigration attorney to assess any risks specific to your personal situation.Under immigration law, it is unlawful discrimination for an employer to selectively reverify the employment eligibility of certain employees on the basis of their country of origin, citizenship, or type of immigration status. Unfortunately, renewal of his DACA status is not an option, and so March 6 is the date his employment must terminate.