A DACA grant lasts two years from the date USCIS approves it, and it can be renewed for another two years each cycle.1U.S. Citizenship and Immigration Services. Frequently Asked Questions Your work permit runs on the same two-year clock and expires the same day. There is no automatic extension while a renewal is pending, so if the expiration date passes without a decision, you lose work authorization and begin accruing unlawful presence. That combination is what makes the two-year date on your approval notice worth putting on the calendar the day you get it.
The Two-Year Grant and Your Work Permit
Federal regulations set the DACA period at two years for both initial approvals and renewals.2eCFR. 8 CFR Part 236 Subpart C – Deferred Action for Childhood Arrivals When USCIS approves your request, the Form I-797 approval notice shows the exact start and end dates of your deferred action. If you showed economic need for employment, you also receive an Employment Authorization Document (EAD) that carries those same dates. Employers verify that EAD on your Form I-9, and it expires to the day when your DACA period ends.
The DACA work permit is issued in category C33, and C33 is not on the list of EAD categories eligible for automatic extension when a renewal is filed on time.3U.S. Citizenship and Immigration Services. Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization If the EAD expires before USCIS decides your renewal, you cannot legally work in the gap, and your employer is required to stop letting you work. A pending application alone does not bridge that period. Filing early is the only real protection.
What Happens if DACA Expires Without a Renewal
The moment your approval expires without a pending renewal decision, two things happen at once. You lose work authorization, and you begin accruing unlawful presence unless you were under 18 when you submitted the renewal request.1U.S. Citizenship and Immigration Services. Frequently Asked Questions
Unlawful presence is the piece that reaches beyond the immediate job loss. More than 180 days of unlawful presence in a single stay triggers a three-year bar on reentry if you later leave the United States. A full year or more triggers a ten-year bar.4U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility Those bars can also affect future visa applications and adjustment of status. For anyone hoping DACA will eventually connect to a more permanent immigration option, a gap can foreclose that path.
On the employment side, there is no bridge document. You will not receive a new EAD until USCIS approves the renewal, which is why the filing window matters as much as it does.
When to File Your Renewal
USCIS recommends filing your renewal between 150 and 120 days before your current DACA expires, roughly four to five months out.1U.S. Citizenship and Immigration Services. Frequently Asked Questions Filing earlier than 150 days out risks a premature decision that shortens your effective grant. Filing later than 120 days out raises the chance that your current approval expires before USCIS reaches a decision, opening the work authorization gap.
The expiration date on your Form I-797 approval notice is the date that controls. A calendar reminder at the six-month mark gives you enough time to gather documents and still file inside the recommended window. Processing delays happen, and the buffer exists for a reason.
How to Renew DACA
A renewal requires three forms: Form I-821D (the DACA request), Form I-765 (the application for the work permit), and Form I-765WS (the worksheet showing economic need for employment).5U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals The worksheet asks for annual income, annual expenses, and current asset value; the numbers should match your tax returns and bank records.
The I-821D also asks for your complete address history since your last approval and requires you to disclose any arrests, charges, or convictions, including those dismissed or expunged. Review your previous filing before completing the new one so names, dates, and prior addresses line up exactly. Inconsistencies are a common source of delay.
You can submit the renewal by mail to a USCIS Lockbox or file online through myUSCIS.6U.S. Citizenship and Immigration Services. Forms Available to File Online The filing fee cannot be waived. Check the current fee on the I-821D and I-765 form pages before filing, because USCIS periodically adjusts its fee schedule. After USCIS accepts the filing, you will receive a receipt notice with a case number, and most applicants are then scheduled for a biometrics appointment at a local Application Support Center for fingerprints and photographs.7U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA) Missing that appointment can lead to a denial.
Events That End DACA Before Two Years
Criminal Convictions
DACA terminates on conviction of:
- A felony: any federal, state, or local offense punishable by more than one year in prison.
- A significant misdemeanor: domestic violence, sexual abuse or exploitation, burglary, unlawful firearm possession or use, drug distribution or trafficking, or DUI, regardless of the sentence imposed. Any other misdemeanor with a sentence of more than 90 days in custody also counts.
- Three or more other misdemeanors, if they did not occur on the same date and did not arise out of the same incident.
These bars are defined at 8 CFR 236.22(b)(6).2eCFR. 8 CFR Part 236 Subpart C – Deferred Action for Childhood Arrivals Minor traffic offenses do not count. USCIS reviews your full criminal history at each renewal, so a conviction that felt minor at the time can disqualify you later.
Unauthorized Travel
Leaving the United States without an approved advance parole document (Form I-131) can end your DACA. USCIS warns that departing without advance parole may make you ineligible for deferred action and could prevent your return.8U.S. Citizenship and Immigration Services. USCIS Form I-131 Instructions
Advance parole is only available after DACA is approved, and USCIS generally limits it to three categories of travel: humanitarian reasons (medical treatment, funerals, visiting an ill relative), educational purposes (study-abroad programs, academic research), and employment needs (overseas assignments, interviews, conferences).1U.S. Citizenship and Immigration Services. Frequently Asked Questions You cannot travel while a DACA request is pending, and you cannot apply for advance parole until after DHS has decided the case.7U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
Discretionary Termination
DACA is an exercise of prosecutorial discretion, and DHS can terminate any individual grant at any time if the recipient no longer meets the guidelines or is determined to pose a threat to national security or public safety.1U.S. Citizenship and Immigration Services. Frequently Asked Questions The authority is broad, and conduct that never becomes a conviction can still draw scrutiny.
The Program’s Current Legal Status
DACA continues to face legal challenge. In September 2023, a federal district court in Texas found the DACA Final Rule unlawful and expanded an earlier injunction, but the court kept a partial stay in place for anyone who received DACA before July 16, 2021. The practical effect: USCIS continues to accept and process renewal requests for existing recipients, and current grants and EADs remain valid until they expire unless individually terminated.7U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA) New initial applications are still accepted but are not being processed. If you already have DACA, the two-year renewal cycle described above is what governs your case.