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

This page contains information about the recall of certain 3-year* Employment Authorization Documents (EADs or work permit) that were issued or re-mailed to DACA recipients after a Feb. 16, 2015, court order was in place.  You can find information on:

*Note: The term “3-year EADs or work permits” includes some cards that were issued with validity periods of greater than 2 years.

Who Is Affected and Why

You must return your 3-year work permit if you:

  • Are a DACA recipient who was issued a 3-year work permit after Feb. 16, 2015; and
  • Receive a letter and/or notice from USCIS to inform you of the action you must take. .

If you received a 3-year DACA work permit after Feb. 16, 2015, you can use our online tool to verify whether you must return your card. It is important that before you return your 3-year card, you first use this online tool to verify whether you are in the group of recipients required to return a 3-year EAD.

Additionally, you can visit Case Status online to verify whether USCIS has received your returned 3-year work permit or certification.

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 work permits to all affected DACA recipients and rendered the 3-year work permits invalid.

Important note: This action did not apply to the approximately 108,000 3-year work permits 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 permits mistakenly issued after the court order. It also affects approximately 500 3-year DACA work permits that were issued before the court order, returned to USCIS as undeliverable and then re-mailed to updated addresses after the court order.

USCIS has accounted for over 99 percent of the approximately 2,600 identified invalid EADs requiring return. Twenty-two of the approximately 2,600 recipients failed to return their EADs or certify good cause for not doing so by the deadline of July 30, 2015.  As a result, those 22 have been terminated from DACA.

Please note: USCIS approves DACA deferred action requests and related employment authorization applications only for 2-year periods. Any 3-year DACA work permits issued before an injunction was in place and returned to USCIS are currently being replaced with a 2-year DACA work permit regardless of the reason for the return.

If you have any questions or if you are not sure if you are an affected DACA recipient who must return your 3-year work permit, you can use our online tool to verify whether you must return your card.

You may also contact the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833.

Next Steps

Please use the below table to determine the action you need to take:

If you are… And you… Then…
An affected DACA recipient Returned your invalid 3-year work permit or certification (PDF, 72 KB), but you have not received your 2-year work permit. Contact USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833.
Returned your invalid 3-year work permit but received a second letter from USCIS requesting its return.
Returned your invalid 3-year work permit but received a termination notice from USCIS.
Did not return your invalid 3-year work permit.

USCIS has terminated your DACA and all associated employment authorizations (including your recently issued 2-year work permit) effective July 31, 2015.

Any DACA-based work permit you received (including your recently issued 2-year work permit) is now invalid. You must return all DACA-based work permits to USCIS immediately. Follow the instructions in your July 31, 2015 termination notice.

Reminder: Fraudulent use of your work permit could result in a referral to law enforcement.

Did not return your work permit until after your DACA was terminated, but would like to reapply. You must complete FormsVisit uscis.gov/daca for more information.
Did not return your work permit until after your DACA was terminated, but believe you had a valid reason why you were unable to return your invalid work permit.

Contact USCIS Contact Center at 1-800-375-5283 or visit your local USCIS field office between 9 a.m. and 3 p.m. Monday through Friday.

USCIS will review your case and take appropriate action. Decisions are made on a case-by-case basis.

Did not receive a notice from USCIS. Use our online tool to verify whether you must return your work permit.
Returned your invalid 3-year work permit and want to verify that USCIS received it. Once USCIS receives your 3-year work permit, we will issue you a Confirmation of Compliance notice by mail:
  • Canceling the Notice of Intent to Terminate and
  • Confirming your 2-year deferred action and employment authorization.
Additionally, you may use our online tool to verify that you are no longer on the list of pending invalid work permits or visit Case Status online to verify whether USCIS has received your returned 3-year work permit or certification.

 

Not an affected DACA recipient

Did not return your work permit.

No action is needed.

Mistakenly returned your work permit USCIS has invalidated your 3-year work permit and will send you a 2-year work permit.

Would like to verify that you are not affected.

Use our online tool to verify whether you must return your work permit.

You may also contact USCIS Contact Center at 1-800-375-5283 or visit your local USCIS field office between 9 a.m. and 3 p.m. Monday through Friday.

A DACA recipient who only received a 2-year work permit but were sent a notification that your 3-year work permit is invalid Would like to verify whether you are affected.
Unsure if you are an affected DACA recipient

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Failure to Return Your 3-Year Work Permit

On July 31, USCIS issued termination notices to individuals who did not comply with the instruction to return their invalid 3-year DACA work permit or certify good cause for being unable to do so. The notice explains:

USCIS has not received your invalid EAD nor your certification of good cause for being unable to return it. Therefore, USCIS has terminated your DACA and all associated employment authorizations (including your recently issued 2-year EAD) effective July 31, 2015.

Any DACA-based EAD you received (including your recently issued 2-year EAD) is now invalid. You must return all DACA-based EADs to USCIS immediately. Fraudulent use of your EADs could result in a referral to law enforcement.

You are still required to return your invalid EADs to USCIS. As noted in your Notice of Intent to Terminate, USCIS may consider failure to return your invalid EADs a negative factor in weighing whether to grant any future requests for deferred action or any other discretionary requests.

If you are unable to return your invalid 3-year work permit because it is no longer in your possession, you must certify (PDF, 72 KB) that you have good cause for being unable to return it. (See Missing Required Documents section.) Visit your local USCIS field office between 9 a.m. and 3 p.m. Monday through Friday to deliver the certification.

Where to Return Your Work Permit

You must follow the instructions in the July 31 notice USCIS sent to you and return your work permits to the address in your notice.

If for some reason you did not receive the July 31 notice and after checking our online tool you believe that you are one of the affected individuals, you may return your invalid 3-year work permit 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 (PDF, 72 KB) that your invalid 3-year EAD cannot be returned. Find your nearest field office.

You must bring the following materials with you:

After You Return Your 3-Year Work Permit

Once USCIS receives your 3-year work permit, we will issue you a Confirmation of Compliance notice:

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

On July 23, 2015, USCIS began issuing Confirmation of Compliance notices to individuals who complied with the instruction to return their invalid 3-year DACA work permit or certify good cause for being unable to do so. The notice explains:

This is to confirm that USCIS records show that you have complied with and satisfied the instruction to return your invalid Deferred Action for Childhood Arrivals (DACA) Employment Authorization Document (EAD) with a validity period of longer than 2 years.  USCIS records reflect that you have either submitted the EAD or certified your good cause for being unable to do so.

The previous notice you received entitled, “Notice of Intent to Terminate Deferred Action and Employment Authorization” is hereby cancelled and your two-year period of DACA deferred action and employment authorization remain valid.

Please note: If you visit a local field office to return your 3-year work permit, you will receive a receipt acknowledging the return.

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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 work Permit

Must sign the letter and certify (PDF, 72 KB) that you have good cause for not possessing any such work permit 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 work permit or certify (PDF, 72 KB) that you have good cause for not possessing any such work permit.

Home Visits

For the purpose of retrieving invalid 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 Visits

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 (PDF, 72 KB) that the individual has good cause for being unable to do so, will result in the termination of their employment authorization and deferred action.

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

Helpful Reminders

Avoid Scams

Many people offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off. This is against the law and may be considered an immigration services scam.

Remember, forms are always free at uscis.gov/forms.

Change Your Address

Have you moved? Help us ensure that you receive any notices or documents without delay. Most applicants with pending applications or petitions should notify us as soon as possible, no more than 10 days after your move.

For the purpose of retrieving invalid 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.

 

 

 

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ADDITIONAL INFORMATION

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