Yes — DACA recipients can work in the United States, but only after applying for and receiving a separate Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services. The deferred action grant itself does not give you the right to hold a job; the work permit does. Once USCIS issues the card, it is valid for two years and lets you work for any employer in the country.1U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals
Where the DACA Program Stands Right Now
Your ability to work under DACA depends heavily on whether you already have it. As of January 2025, the U.S. Court of Appeals for the Fifth Circuit has upheld a finding that the DACA final rule is unlawful, and a district court injunction bars USCIS from granting any new initial DACA requests.2U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
USCIS is still accepting initial applications, but it will not process them while the injunction is in place. If you have never held DACA, you cannot currently receive a grant of deferred action or the work permit that goes with it. Renewals continue to be accepted and processed for anyone who first received DACA before July 16, 2021, and existing grants along with their work permits stay valid until they expire, unless USCIS terminates them individually.2U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
DACA and the Work Permit Are Two Different Things
Deferred action is a promise that the government will not pursue your removal for a set period, currently two years.1U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals It says nothing about employment.
The right to work comes from a separate federal regulation, 8 C.F.R. § 274a.12(c)(33), which lets someone with DACA-specific deferred action apply for employment authorization if they can show an economic necessity for working.3eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment You show that by submitting a worksheet listing your income, expenses, and assets against the federal poverty guidelines. In practice, most DACA applicants meet the standard.
When USCIS approves the application, it mails you an EAD good for two years, matching the length of your deferred action. The card lets you work for any employer in the private sector. Some federal government positions carry their own eligibility rules.
How to Apply for the Work Permit
The core form is Form I-765, the Application for Employment Authorization.4U.S. Citizenship and Immigration Services. Instructions for Application for Employment Authorization Form I-765 Along with it you file Form I-765WS, the financial worksheet that establishes economic necessity.5U.S. Citizenship and Immigration Services. Checklist of Required Initial Evidence for Form I-765
The rest of the package includes:
- Identity documents: a copy of any previous EAD, your I-94 arrival/departure record, or a passport or other travel document. First-time applicants without a prior EAD should include a copy of a government-issued ID.
- A copy of the order or notice reflecting your grant of deferred action.
- Two identical, recent, color passport-style photos with a white or off-white background.4U.S. Citizenship and Immigration Services. Instructions for Application for Employment Authorization Form I-765
The filing fee is $520 for paper filings and $470 for online filings.6U.S. Citizenship and Immigration Services. G-1055 Fee Schedule Fill out every field on every form, including any that don’t apply. Incomplete packages are the most common reason USCIS rejects an application, and a rejection means starting over and paying again.
You can mail the package to a designated USCIS lockbox or upload it through a USCIS online account. Filing online gives you immediate confirmation of receipt and a secure way to pay.
After You File
USCIS will send you a Form I-797C, Notice of Action, confirming your case is in the system.7U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action Hold on to it. It’s proof of a pending application and matters if your current permit expires before the new one arrives.
You’ll also be scheduled for a biometrics appointment at a local Application Support Center to give fingerprints, a photo, and a digital signature.8U.S. Citizenship and Immigration Services. Preparing for Your Biometric Services Appointment Missing this appointment can stall the whole application. After biometrics you can track your case online while you wait for the card.
You can request a Social Security Number directly on the I-765, which spares you a separate trip to a Social Security office. If you check the box and USCIS approves your permit, the SSA mails you a Social Security card.9Social Security Administration. Apply For Your Social Security Card While Applying For Your Work Permit, Lawful Permanent Residency, or U.S. Naturalization Skip that box and you’ll need to visit a Social Security office in person after the EAD arrives.10U.S. Citizenship and Immigration Services. Apply for your Social Security Number While Applying for Your Work Permit
Using the EAD on the Job
When you start a new job, your employer completes Form I-9 to verify identity and work eligibility.11U.S. Department of Labor. I-9 Central Your EAD is a “List A” document, meaning a single card proves both identity and work authorization. Nothing else is required.12U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification
Federal law prohibits employers from demanding specific documents, rejecting documents that appear genuine on their face, or asking for extra paperwork beyond what the I-9 requires. If you present a valid, unexpired EAD, the employer must accept it. Being asked for a green card, a birth certificate, or a specific visa on top of your EAD is not lawful. The same statute prohibits national origin discrimination in hiring and firing and forbids retaliation against workers who assert these rights.13Office of the Law Revision Counsel. 8 U.S. Code 1324b – Unfair Immigration-Related Employment Practices
One limit worth knowing: the statute’s protection against citizenship status discrimination applies to a defined group of “protected individuals” that does not explicitly include DACA recipients. The Department of Justice’s Immigrant and Employee Rights Section does, however, investigate complaints about unfair documentary practices against EAD holders, DACA recipients included. You can file a charge with that office if an employer refuses your card or demands extra documents.
Renewing Before Your Card Expires
Your EAD expires with your DACA grant every two years. USCIS recommends filing the renewal between 150 and 120 days before the expiration date shown on your current approval notice.14U.S. Citizenship and Immigration Services. Important Reminders Regarding the DACA Renewal Process Filing earlier than 150 days doesn’t speed anything up, and filing late risks a gap in your authorization.
The renewal uses the same forms, fees, and biometrics as the initial application: a new I-765, the I-765WS worksheet, the filing fee, and another biometrics appointment if USCIS asks for one.
Here’s the trap. Some EAD categories get an automatic extension while a timely renewal is pending. The DACA (c)(33) category is not on that list.15U.S. Citizenship and Immigration Services. Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization If your card expires before the renewal is approved, you lose your legal right to work during the gap, your employer has to remove you from the payroll, and the lapse can affect state-issued documents like your driver’s license. Filing inside the recommended window is the only real safeguard.
Self-Employment and Independent Contracting
A valid EAD and a Social Security Number also let you work as an independent contractor and report income on a 1099. Independent contractors don’t complete an I-9; you provide a W-9 to each client and pay both income tax and self-employment tax on your earnings.
No federal law prohibits DACA recipients from forming an LLC, sole proprietorship, or other business entity. What matters is whether you’re operating as an owner or an employee. Owning a substantial stake and controlling operations generally makes you an owner for I-9 purposes; if the structure makes you an employee of your own company, which often happens with corporate officers, you’d need a valid EAD as with any other job. The rules around immigrant-owned businesses remain somewhat unsettled at the federal level, so getting a lawyer’s read on your specific structure is worth the cost before you build a company around it.
What the Work Permit Does Not Cover
A work permit is not a green card, and a few limits catch DACA recipients off guard.
International travel is the big one. Leaving the country on a work assignment or business trip without prior approval carries a serious risk that you won’t be allowed back in. To travel abroad you need to apply first for advance parole using Form I-131 and pay a separate fee. USCIS generally grants advance parole to DACA recipients only for employment (such as overseas assignments, client meetings, or conferences), humanitarian, or educational purposes, and only after DACA is approved.16U.S. Citizenship and Immigration Services. Frequently Asked Questions Even with advance parole in hand, Customs and Border Protection retains discretion at the port of entry.
Health insurance through the Affordable Care Act marketplace is another. Due to a court order, DACA recipients are no longer eligible for marketplace coverage as of late 2025, and the issue remains in active litigation.17HealthCare.gov. Find Out What Immigration Statuses Qualify for Coverage in the Marketplace Employer-sponsored plans and off-marketplace private coverage remain options.
Professional licenses in fields like nursing, teaching, law, cosmetology, and accounting are governed at the state level. Policies range from full access to outright prohibition, and many states have no explicit policy. Some grant licenses to anyone with valid work authorization; others reserve certain professions for citizens or permanent residents. Check with your state licensing board early, before you invest in a degree or training program that could end at a locked door.