DACA Work Authorization: Eligibility, EAD Forms, and Renewal

DACA work authorization is a two-year Employment Authorization Document (EAD) issued to people granted Deferred Action for Childhood Arrivals, and it lets you work for any U.S. employer and obtain a Social Security number. Because of ongoing litigation, U.S. Citizenship and Immigration Services is currently only processing renewals; if you already hold or previously held DACA, filing on time is what keeps you working legally.¹

Who Can Get a Work Permit Through DACA Right Now

In 2023 the U.S. District Court for the Southern District of Texas declared the DACA regulation unlawful, and in January 2025 the Fifth Circuit upheld that ruling. Under the court’s order, USCIS continues to accept and process renewal applications from people who already hold or previously held DACA. Initial requests from first-time applicants are accepted but not processed while the litigation is unresolved.¹

So in practice, almost all active DACA work authorization today is renewal work. If you have never held DACA, you can submit paperwork, but the file will sit. If you have held it before, keeping your EAD depends on filing on schedule and staying eligible.

Eligibility You Still Have to Meet

Even for renewals, USCIS expects you to keep meeting the original criteria. You must have been born on or after June 16, 1981 (under 31 as of June 15, 2012), arrived in the United States before your sixteenth birthday, lived here continuously since June 15, 2007, and been physically present on June 15, 2012, and at the time you file.¹

You also need to meet an education or military benchmark: current enrollment in school, a high school diploma or certificate of completion, a GED, or an honorable discharge from the U.S. armed forces or Coast Guard. USCIS reads “currently enrolled” broadly, so literacy and career-training programs can count.¹

Criminal History That Disqualifies You

A single felony conviction disqualifies you. For DACA, a felony is any federal, state, or local offense carrying a potential prison sentence longer than one year.²

A single “significant misdemeanor” is also disqualifying. That category covers, regardless of the sentence imposed, domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; and driving under the influence. Any other misdemeanor with a sentence of more than 90 days in custody also counts as significant. Three or more non-significant misdemeanors from separate incidents are equally disqualifying.²

Minor traffic offenses like driving without a license are not treated as misdemeanors for DACA purposes, though USCIS can still weigh them. Expunged convictions and juvenile adjudications generally do not disqualify you, but a conviction from being tried as an adult while a juvenile does count.²

The Forms That Get You the EAD

A DACA application is three forms filed together:

Form I-821D, the request for deferred action
Form I-765, the work permit application
Form I-765WS, a worksheet where you list annual income, expenses, and assets to show economic need for employment authorization

On Form I-765, enter eligibility category (c)(33) in the designated field. On Form I-821D, list every address where you have lived since entering the country, along with your arrival date and how you entered. Discrepancies with government records can stall or sink a case, and a small formatting error on either form can trigger rejection before USCIS looks at the substance.³

Getting a Social Security Number at the Same Time

Check the relevant box on Form I-765 to have USCIS forward your information to the Social Security Administration. Your SSN card should arrive within about two weeks of receiving your EAD, with no separate trip to a Social Security office required.⁴

What It Costs

Two fees apply: $85 for Form I-821D and a separate Form I-765 fee that depends on filing method. Online I-765 filings cost $470, for a total of $555. Paper filings cost $520, for a total of $605. Pay by check or money order to “U.S. Department of Homeland Security” for paper filings; online filers pay electronically through their USCIS account. A wrong amount gets the whole package rejected without review.⁵

Documents to Send With the Forms

A valid passport proves identity on its own. Without one, a birth certificate plus a photo ID does the same job.

Proving continuous residence since June 15, 2007, usually takes the most preparation. USCIS accepts a wide range of records:

School records such as transcripts, report cards, attendance certificates, and diplomas
Employment records including pay stubs, W-2 forms, and union records
Medical records like immunization logs, dental and vision records, and appointment printouts
Financial records including bank statements, money order receipts, and tax receipts
Housing records such as rent receipts, utility bills, leases, and mortgage documents
Insurance policies, auto registration receipts, and records from a religious organization

Build a timeline with as few gaps as possible. Every document must be legible, and anything not in English needs a certified translation. For education, submit your high school diploma, GED certificate, or current transcripts and report cards if you are still enrolled.²

Filing and What Comes Next

You can file by mail or online. Paper applications go to a USCIS Lockbox address determined by your state of residence; check the USCIS website for the current mailing address because it changes periodically. Online filing requires a USCIS online account, comes with the lower I-765 fee, and lets you track your case in real time.³

After USCIS accepts the package, you will get a receipt notice with a case number, then a biometrics appointment where your fingerprints and photo are taken and run through federal databases. If USCIS sends you a Request for Evidence, you have 84 calendar days (12 weeks) to respond, plus a three-day mail grace period if it was sent by mail rather than through your online account. Officers cannot extend that deadline, so treat any RFE as urgent.⁶

Renewal Timing and What Happens If You Lapse

DACA and the EAD that comes with it last two years. USCIS recommends filing your renewal between 150 and 120 days before your current EAD expires. Filing earlier will not speed anything up, and waiting until fewer than 120 days remain raises the risk of a gap in your work authorization.²

If your DACA expires before the renewal is approved, the effects hit right away. You lose work authorization and cannot legally hold a job until you receive a new EAD, even if the renewal is pending. You also begin accumulating unlawful presence unless you were under 18 when you submitted the renewal, and that unlawful presence can create problems for future immigration relief.²

You can still file a renewal up to one year after your DACA expired. Past one year, or if your DACA was terminated, USCIS treats the filing as a new initial request, which under the current court order will be accepted but not processed.²

Your Rights on the Job With an EAD

A valid EAD lets you work for any U.S. employer. During Form I-9 verification, an employer must accept any document that reasonably appears genuine and relates to you. They cannot reject your EAD because it carries an expiration date, demand extra documents based on your national origin or immigration status, or single you out for E-Verify screening.⁷

Employers also cannot treat the DACA litigation as a reason to reverify your work authorization early. The court rulings do not change DHS reverification rules. If an employer demands new proof of status outside the normal timeline, that may violate federal anti-discrimination law.⁷

Traveling Abroad Without Losing Your Authorization

Leaving the country without permission ends your DACA. You risk being unable to reenter, and any unauthorized travel after August 15, 2012, breaks the continuous residence needed for future DACA requests.²

The only way to travel abroad and keep DACA is advance parole, requested on Form I-131 with the box checked showing you have an approved Form I-821D. USCIS grants advance parole only for educational reasons (like study abroad), employment reasons (such as overseas conferences or assignments), or humanitarian reasons (such as visiting a seriously ill relative or attending a funeral). Advance parole is discretionary and processing can shift with policy changes, so confirm current practice with USCIS or an immigration attorney before making plans.⁸

What DACA Work Authorization Does Not Get You

The EAD lets you work and get an SSN. It does not give you lawful immigration status, and it does not open most federal benefits. DACA recipients are generally ineligible for Medicaid, SNAP, TANF, and other major means-tested federal programs, with narrow exceptions for emergency medical care, immunizations, school meals, and short-term disaster relief. DACA recipients are also not eligible for coverage through the federal marketplace at HealthCare.gov; a 2024 rule briefly extended marketplace eligibility, but as of August 25, 2025, that eligibility was reversed.⁹ Employer-sponsored coverage through the job your EAD lets you hold remains available, and there is no federal bar on buying private insurance outside the marketplace.

1
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
2
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA) Frequently Asked Questions
3
U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals
4
Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency
5
U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
6
U.S. Citizenship and Immigration Services. Policy Manual – Volume 1 – Part E – Chapter 6 – Evidence
7
U.S. Department of Justice. Reminders for DACA Recipients and Employers that Work Authorization Continues After the Latest Decision in the DACA Litigation
8
U.S. Citizenship and Immigration Services. Application for Travel Documents, Parole Documents, and Arrival/Departure Records
9
HealthCare.gov. Immigration Status to Qualify for the Marketplace