DACA Work Permit: Eligibility, $495 Fee, and Renewal Timing

A DACA work permit is the Employment Authorization Document (EAD) issued to people approved under Deferred Action for Childhood Arrivals, and right now USCIS is only issuing them through renewals. A federal court injunction blocks approval of new initial DACA requests, so the program is functionally available to people who already received DACA before July 16, 2021. If that’s you, keeping your work permit means filing three forms, paying $495, and timing the renewal so your card doesn’t expire before the new one arrives.

Who Can Still Get or Keep a DACA Work Permit

DACA eligibility is anchored to fixed 2012 dates. You must have come to the United States before your 16th birthday and been under 31 as of June 15, 2012, meaning born on or after June 16, 1981. You must have lived here continuously since June 15, 2007, been physically present on June 15, 2012, and still be living in and physically present in the country when you file. You also must have lacked lawful status both on June 15, 2012, and at filing.¹

Brief absences before August 15, 2012 can be forgiven if they were short, not tied to a removal order, and not for an unlawful purpose. Any unauthorized trip outside the country on or after August 15, 2012 breaks continuous residence and disqualifies you, even if it was brief.¹

You also need to meet an education or service benchmark: a high school diploma, GED or certificate of completion, current school enrollment, or an honorable discharge from the U.S. Armed Forces or Coast Guard.² Adult education programs — GED prep, ESL, literacy courses, job training — count if they receive government funding or can demonstrate effectiveness. Recreational classes and diploma-mill certificates do not.

Criminal Record Bars

A conviction for any felony disqualifies you. So does conviction for three or more misdemeanors of any kind. A single misdemeanor is disqualifying if it falls into a specific category defined in the regulation.³ Those categories, disqualifying regardless of the sentence imposed, are: domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; and driving under the influence.

For any other misdemeanor not on that list, the conviction is disqualifying if you were sentenced to more than 90 days of actual custody. Suspended sentences, immigration detainer time, and pretrial detention do not count toward the 90 days.¹ One trap: even if your state classified a DUI as a traffic infraction, USCIS treats it as a disqualifying offense. If you have any criminal history, talk to an immigration attorney before filing.

Forms, Documents, and the $495 Fee

A DACA renewal package contains three federal forms, all filed together:

Form I-821D, the request for renewed deferred action.⁴
Form I-765, the application for the Employment Authorization Document. Enter eligibility category (c)(33) in Part 2, Item 27.⁵
Form I-765WS, the worksheet showing income, expenses, and assets to demonstrate economic need.⁶

Include two identical passport-style color photos taken within 30 days of filing and proof of identity such as a valid passport or your previous EAD. The filing fee is $495, non-refundable whether the case is approved or denied, and it covers both application processing and biometrics.⁷ Download the forms from USCIS immediately before filing, because submitting an outdated edition or the wrong fee triggers automatic rejection of the whole package. Verify the current fee with the USCIS Fee Calculator.

You can file online through a USCIS account or by mail to the USCIS Lockbox address that matches your state and delivery method. The I-821D instructions specify which address applies to your situation.⁴ USCIS sends a receipt notice, then a biometrics appointment notice for fingerprints and photos at a local Application Support Center. If approved, deferred action and work authorization are granted for two years.

When to File So You Don’t Lose Work

USCIS recommends filing the renewal between 150 and 120 days before your current DACA and EAD expire.⁴ As of early 2026, renewals are processing in about four months. Filing earlier than 150 days out does not speed the decision, so the 120-to-150-day window is the target.

Here is the part that trips people up. DACA work permits in the (c)(33) category do not get an automatic extension while renewal is pending. Since October 30, 2025 USCIS ended automatic extensions for renewal applicants in several categories, and DACA was never eligible for them to begin with.⁸ If your current EAD expires before USCIS approves the renewal, you cannot legally work during the gap. Your employer must stop scheduling you, and you cannot start a new job.

The gap reaches further than your paycheck. In most states, a DACA recipient’s driver’s license expires with the EAD, which can disrupt commuting and auto insurance until the renewal arrives. Set a calendar reminder six months before your expiration date so the filing window doesn’t slip.

Using the EAD at Work

Your EAD card (Form I-766) proves both identity and work authorization on the I-9. It’s a List A document, so the employer needs nothing else alongside it.⁹ Every U.S. employer must complete an I-9 for each new hire, and your EAD satisfies it in full.¹⁰ When the card reaches its expiration date, your employer is required to reverify. If the renewal hasn’t been approved by then, you have to stop working until the new card arrives.

Getting a Social Security Number Through the Application

If you don’t already have a Social Security number, the simplest path is to check the box on Form I-765 asking SSA to assign one during work permit processing. USCIS shares your information with SSA and a card comes separately by mail.¹¹ If you didn’t check the box, or the card never arrived, visit a Social Security office in person with your EAD and proof of age.¹²

The card SSA issues to DACA recipients is marked “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.”¹³ The number itself is yours permanently and stays valid for tax filing even if DACA later lapses.

Traveling Outside the U.S.

A DACA work permit does not authorize international travel. If you leave without permission, you break continuous residence and lose DACA. The only lawful path is advance parole, requested with Form I-131 before you go.³ USCIS approves advance parole only for humanitarian reasons (medical treatment, funeral, seriously ill relative), educational reasons (study abroad, academic research), or employment (overseas assignment, conference, training, interview). Vacation is not a qualifying reason.

You can file I-131 alongside a renewal, but the two go to different addresses, and USCIS will not issue a travel document that extends past your current DACA expiration.³ Even with approved advance parole, re-entry is not guaranteed: Customs and Border Protection makes the final call at the port of entry. Talk to an immigration attorney before booking anything.

Taxes on Your DACA Earnings

DACA recipients earning income in the U.S. must file federal income taxes. Use your Social Security number for filing once you have one; if you had been using an ITIN, stop and notify the IRS. As an employee, your employer withholds income, Social Security, and Medicare taxes and issues a W-2. As an independent contractor, no taxes are withheld, you get a 1099 from each client who paid you $600 or more, and you owe both income tax and self-employment tax.

Federal law broadly prohibits the IRS from sharing your return information with other agencies, including immigration authorities. Disclosure requires a federal court order under a narrow set of exceptions that do not include routine immigration enforcement.¹⁴ With a work-authorized SSN, you may qualify for the Earned Income Tax Credit and Child Tax Credit, both of which require a work-authorized SSN for every person claimed.

Where the Program Stands Legally

DACA is under an injunction. A federal district court in the Southern District of Texas ruled the program unlawful in 2021, and the U.S. Court of Appeals for the Fifth Circuit upheld that ruling in January 2025. USCIS continues to accept and process renewals and accepts initial applications on paper, but it will not approve new initial requests while the injunction stands. Existing DACA grants and work permits remain valid until they expire unless individually terminated, and the court’s partial stay protects anyone who received an initial DACA approval before July 16, 2021 — those recipients can keep renewing.¹⁵

Because DACA was created by executive action and Congress has not passed a permanent fix, the program’s future turns on the courts and the sitting administration. Staying on top of renewal deadlines is the single most reliable thing you can do to protect the work authorization you already have.

1
eCFR. 8 CFR 236.22 – Discretionary Determination
2
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA) – Section: Guidelines
3
U.S. Citizenship and Immigration Services. Frequently Asked Questions
4
U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals
5
U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
6
U.S. Citizenship and Immigration Services. Form I-765 Worksheet
7
U.S. Citizenship and Immigration Services. Filing Fees
8
U.S. Citizenship and Immigration Services. Automatic Employment Authorization Document (EAD) Extension
9
U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents
10
U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification
11
Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency
12
U.S. Citizenship and Immigration Services. Apply for your Social Security Number While Applying for Your Work Permit
13
Social Security Administration. Types of Social Security Cards
14
Office of the Law Revision Counsel. 26 USC 6103 – Confidentiality and Disclosure of Returns and Return Information
15
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)