What Happens When Your DACA Work Permit Expires?

Question from Aa, What Happens When Your DACA Work Permit Expires?

Answer from AI:

When your Deferred Action for Childhood Arrivals (DACA) work permit is nearing its expiration, understanding your rights and the potential impact on your employment is crucial. The DACA program, established by the U.S. Department of Homeland Security, allows certain individuals who came to the United States as children and meet several guidelines to request consideration of deferred action for a period of two years, subject to renewal. This also includes eligibility to work in the U.S., provided they apply for and receive an Employment Authorization Document (EAD).

Is There a Grace Period After Your DACA Work Permit Expires?

There is no automatic grace period for employment purposes once your DACA and EAD expire. Employers are required by law to verify that their employees are authorized to work in the United States. This is typically done using Form I-9, Employment Eligibility Verification. If your work permit expires, you are no longer legally authorized to work in the U.S. under the DACA program. However, it’s essential to understand the steps you can take to minimize the impact on your employment.

Steps to Take Before Your DACA Work Permit Expires

1. Apply for Renewal Early: U.S. Citizenship and Immigration Services (USCIS) recommends that you submit your renewal request between 150 days and 120 days before your current period of deferred action will expire. While this won’t extend your current work permit, it can help ensure minimal gap in your employment authorization, assuming your renewal is approved.
2. Inform Your Employer: Communication with your employer is key. While you are not required to inform your employer that your work permit is expiring, doing so can sometimes be beneficial, especially if you have a good relationship with your employer. They may be more understanding and flexible about your situation.
3. Understand Your Rights: Employers are not legally allowed to terminate your employment before the expiration date on your EAD. If your renewal is pending, it’s important to know that there are no provisions in the DACA program itself for automatic extensions of employment authorization. However, in some cases, USCIS may provide information about potential extensions or other guidance.

Can You Continue to Work While Your Renewal is Pending?

As of the last update, USCIS does not grant automatic extensions for DACA EADs while renewal applications are pending. This means that if your EAD expires while your renewal is being processed, you may have to stop working until you receive your new EAD.

Legal Advice and Assistance

Given the complexities of immigration laws and the potential consequences of working without authorization, it’s advisable to seek legal advice from an immigration attorney or a qualified legal aid organization. They can provide guidance tailored to your specific situation, including any new developments in immigration policy that may affect DACA recipients.

For more information on DACA renewals and employment authorization, visit the U.S. Citizenship and Immigration Services DACA page.

Remember, the legal landscape for DACA is subject to change, and staying informed about the latest policies and procedures is crucial for maintaining your employment and legal status in the United States. Consulting with a legal professional can provide personalized advice and help navigate the renewal process and any employment issues that arise due to an expiring work permit.