DACA Recipients Who Received 3-Year Work Authorization Post-Injunction: Quick Facts



Who Is Affected and Why

You must return your 3-year Employment Authorization Document (EAD) if:

  • You are a DACA recipient who received a 3-year Employment Authorization Document (EAD) after Feb. 16, 2015 and
  • USCIS has sent you one or more letters and/or notices to inform you of the action you must take. In addition, USCIS may have contacted you already or may contact you by telephone, text message, email, and/or in-person at your home. 


If you have any questions or if you are not sure if you are an affected DACA recipient who must return your 3-year EAD, please contact USCIS Customer Service at 1-800-375-5283 and select option 1 for English, then 8.

The reason for this action is that, after a court order in Texas v. United States, No. B-14-254 (S.D. Tex.) was issued, USCIS approves DACA deferred action requests and related employment authorization applications only for 2-year periods.

USCIS has sent new valid, 2-year EADs to all affected DACA recipients and rendered the 3-year EAD invalid. If you are an affected DACA recipient and have not received a new 2-year EAD, please contact USCIS Customer Service at 1-800-375-5283 and select option 8.

Important note: This action does not apply to the approximately 108,000 3-year EADs that were approved and mailed by USCIS on or before the Feb. 16, 2015, injunction date and that have never been returned or reissued by USCIS.

This action affects approximately 2,100 3-year DACA work authorizations mistakenly issued after the court order. It also affects approximately 500 EADs that were issued before the court order, returned to USCIS as undeliverable and subsequently re-mailed to updated addresses after the court order. 

Failure to Return Your 3-Year EAD

If you are required to return your invalid 3-year EAD and fail to do so, USCIS will terminate your DACA and all employment authorizations effective July 31, 2015. USCIS may consider your actions as a negative factor in weighing any future requests for deferred action, or any other discretionary requests.

If you are unable to return your invalid 3-year EAD because it is no longer in your possession, you must certify that you have good cause for being unable to return it. (See Missing Required Documents section.)

Where to Return Your 3-Year EAD

You must return your EAD in person at a USCIS field office, between 9 a.m. and 3 p.m. Monday through Friday. No appointment is necessary. At that time, you must either return your invalid 3-year EAD or certify that your invalid 3-year EAD cannot be returned.

Find your nearest field office

You must bring the following materials with you:

If you do not return your invalid 3-year EAD, or certify that you have good cause for being unable to do so, your deferred action will be terminated effective July 31, 2015.

Once USCIS receives your 3-year EAD, we will issue you a notice:

  • Canceling the Notice of Intent to Terminate and
  • Confirming your 2-year deferred action and employment authorization.

If you visit a local field office to return your 3-year EAD, you will receive a receipt acknowledging the return.

Missing Required Documents

You should carefully follow the directions contained in the letter(s) or notice you received. 

If you are missing your

Then you

And you must

Invalid 3-Year EAD

Must sign the letter and certify that you have good cause for not possessing any such EAD because it was:

  • Lost,
  • Stolen,
  • Destroyed,
  • Already returned, or
  • For other good cause.

Bring the signed letter to the nearest field office.

 

 

Approval notice(s)

Must still return your invalid 3-year EAD or certify that you have good cause for not possessing any such EAD.

 

Duplicate Notification to Return Your Invalid EAD

If you returned your 3-Year EAD after receiving the first notification from USCIS, but received a second letter requesting its return, please contact our Customer Service at 1-800-375-5283 (select option 1 for English, then 8). Let us know that you returned your invalid 3-year EAD, and we can also confirm if we have received it.

If you received only a 2-Year EAD, but were sent a notification that your EAD is invalid, please contact Customer Service and select option 1 for English, then 8. We will take down your information so that we can look into your case further and get back to you with a response.

Home Visits

For the purpose of retrieving these 3-year EADs, USCIS may visit the homes of those individuals who have not yet returned their invalid 3-year EAD or responded to USCIS. Our goal is to ensure that the person who has been asked to return an invalid EAD continues to receive deferred action and employment authorization.

Key Facts about Home Visit

USCIS officers will

USCIS officers will NOT

  • Attempt to call you in advance of the visit and schedule a time when you’ll be home.
  • Show their credentials.
  • Only speak with and confirm the identity of the person who was issued the EAD.
  • Leave a note or any materials if they visit and you are not home.
  • Visit you at your place of employment.
  • Ask for money or bank information.

Officers will advise individuals that failure to return the invalid EAD, or certify that the individual has good cause for being unable to do so, will result in the termination of their employment authorization and deferred action effective July 31, 2015. 

Some of our officers are bilingual and will be able to answer questions in other languages.

Please note: USCIS officers are not affiliated with U.S. Immigration and Customs Enforcement deportation officers or Customs and Border Protection border patrol agents. Our officers are visiting individuals only to collect invalid 3-Year EADs. USCIS officers will not ask you or anyone else in the household for money or bank information. And they will not ask about the immigration status of anyone else in the house. If someone without the proper credentials shows up at your door and you think it is a scam, report it to the Federal Trade Commission. Read more information on common immigration scams and how to avoid them.